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

The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) 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. USCIS has previously published two notices in the Federal Register in connection with this information collection: a notice on December 28, 2011 published at 76 FR 81517, allowing for a 60-day public comment period; and, a notice on March 16, 2012 published at 77 FR 15787, allowing for a 30-day public comment period. USCIS did not receive any comments in connection with these notices. OMB, however, has recommended changes that are reflected in the instructions to the form. In addition to these recommendations, USCIS is revising the form's instructions to include clear guidance regarding recipients' of Deferred Action under Childhood Arrivals (DACA) ability to request advance parole documents under certain circumstances as provided under the memorandum issued by the Secretary of the Department of Homeland Security on June 15, 2012, and the implementation guidance that derives from it. USCIS is also reporting an increase in the number of respondents associated with this information collection as DACA recipients that can establish a need to travel outside of the United States based on humanitarian, employment or education reasons will be able to request advance parole documents.

This notice announces that the Transportation Security Administration (TSA) has forwarded the new Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and approval 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 May 29, 2012 77 FR 31632. TSA received four comments in response to this notice. Two comments were unrelated to the ICR. The remaining two comments were requests for program information. This voluntary information collection allows TSA to conduct transportation security-related assessments during site visits with security and operating officials of surface transportation entities.

Many of the Coast Guard's regulations incorporate industry standards. The Coast Guard is reviewing these regulations to determine whether they contain outdated standards and, if so, whether and how these regulations should be updated to incorporate more current standards. We request comments from the public on which current industry standards should be incorporated, which currently incorporated standards are outdated, and how the Coast Guard should ensure incorporated standards are kept current.

This final rule clarifies the role and purpose of the Letter of Recommendation (LOR) issued by the Coast Guard Captain of the Port regarding the suitability of a waterway for liquefied natural gas (LNG) or liquefied hazardous gas (LHG) marine traffic. It also establishes a separate process for reconsideration of LORs by the Coast Guard. The process applies only to LORs issued after the effective date of the rule.

This action is a supplemental notice of proposed rulemaking (SNPRM) to the Coast Guard's October 24, 2012, notice of proposed rulemaking (NPRM) that proposed to establish a security zone during activities associated with the Presidential Inauguration in Washington, DC from January 15, 2013 through January 24, 2013 (77 FR 64943). This supplemental proposal extends the southern boundary of the proposed security zone. 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. This action is intended to temporarily restrict vessel traffic in portions of the Potomac and Anacostia Rivers during the event.

In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting an extension of its approval for the following collection of information: 1625-0071, Boat Owner's Report, Possible Safety Defect. Our ICR describes 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.

In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will retire the following Privacy Act system of records notice, Department of Homeland Security/ Transportation Security Administration-012 Transportation Worker Identification Credentialing System (September 24, 2004, 69 FR 57348), which was written to cover the Prototype Phase of the Transportation Worker Identification Credentialing Program to authorize unescorted entry to secure transportation areas. These records were destroyed in accordance with the applicable records retention schedule, with the following exceptions: (1) Records for individuals who were an actual match to a government watchlist; and (2) records for individuals who were a close match but subsequently cleared as not posing a potential or actual threat to transportation. This notice reflects that these two categories of records from the Transportation Worker Identification Credentialing Prototype Phase must continue to be retained in accordance with the applicable records retention schedule, and will be maintained under the authority of the Department of Homeland Security/ Transportation Security Administration-002 Transportation Security Threat Assessment System System of Records (May 19, 2010, 75 FR 28046), which covers the Security Threat Assessment process associated with the Transportation Worker Identification Credentialing and other Transportation Security Administration vetting programs.

In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will retire the following Privacy Act system of records notice, DHS/TSA-017 Secure Flight Test Records (June 22, 2005, 70 FR 36320), which was written to cover the testing phase of the Secure Flight program, from its inventory of record systems. The Department of Homeland Security will rely upon Department of Homeland Security/Transportation Security Administration- 019, Secure Flight Records (November 9, 2007, 72 FR 63711) to cover the operational phase of the Secure Flight program.

In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will retire the following Privacy Act system of records notice, Department of Homeland Security/ Transportation Security Administration-009 General Legal Records (August 18, 2003, 68 FR 49496), which was written to assist attorneys in the Office of Chief Counsel in providing legal advice to management and to cover general legal records and programs. The Transportation Security Administration will rely upon Department of Homeland Security/ ALL-017 General Legal Records (November 23, 2011, 76 FR 72428) to cover its legal activities.

On July 30, 2012, FEMA published in the Federal Register a proposed flood hazard determination notice at FR 77 44651 that contained a table which included a Web page address through which the Preliminary Flood Insurance Rate Map (FIRM), and where applicable, the Flood Insurance Study (FIS) report for the communities listed in the table could be accessed. The information available through the Web page address has subsequently been updated. The table provided here represents the proposed flood hazard determinations and communities affected for Mecklenburg County, North Carolina, and Incorporated Areas.

The Chemical Transportation Advisory Committee (CTAC) and its Subcommittees and Working Groups will meet on December 11 through 13, 2012, in Washington, DC, to discuss marine transportation of hazardous materials in bulk. The meetings will be open to the public.

The Coast Guard is removing the existing drawbridge operation regulation that governs the opening of the S35 Bridge, mile 0.9, across Shark River (South Channel) at Avon Township, NJ. The existing regulation contains a drawbridge operation schedule for the S35 Bridge. However, the existing bridge was modified in 2006 from a movable bridge to a fixed bridge. Since the bridge is no longer a movable bridge, the regulation controlling the opening and closing of the bridge is no longer necessary.

As part of its continuing response to the explosion, fire and sinking of the Mobile Offshore Drilling Unit (MODU) DEEPWATER HORIZON, in the Gulf of Mexico on April 20, 2010, with loss of life, the Coast Guard announces recommended interim voluntary guidance concerning lifesaving and fire-fighting equipment, training, and drills onboard manned offshore facilities and MODUs operating on the U.S. Outer Continental Shelf (OCS), and requests comments on that guidance. Comments received on the docket will be considered in our ongoing evaluation of the safety of offshore facilities.

The Coast Guard is modifying the operating schedule that governs the Canadian Pacific Railroad Drawbridge across the Black River at Mile 1.0 near La Crosse, Wisconsin. The drawspan shall immediately open upon demand once the vessel requiring an opening establishes contact with the remote operator located in Minneapolis, Minnesota, via radiotelephone on VHF-FM Channel 16, or by standard telephone calling (507) 895-6087. The remote drawbridge operator will ensure the drawspan can safely be opened, immediate move it to the open to navigation position, and then maintain constant contact with the vessel until it has completely transited the bridge.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Illinois Central Railroad Drawbridge across the Upper Mississippi River, mile 579.9, at Dubuque, Iowa. The deviation is necessary to allow the bridge owner time to perform preventive maintenance that is essential to the continued safe operation of the drawbridge. Maintenance is scheduled in the winter when there is less impact on navigation, instead of scheduling work in the summer, when river traffic increases. This deviation allows the bridge to open on signal if at least 24 hours advance notice is given.

The Board of Visitors for the National Fire Academy (Board) will meet via teleconference on Wednesday, December 5, 2012. The meeting will be open to the public.

Notice is hereby given that, pursuant to 19 CFR 151.13, SGS North America, Inc., 4701 East Napoleon (Hwy 90), Sulphur, LA 70663, has been approved to gauge petroleum, petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.13. Anyone wishing to employ this entity to conduct gauger services should request and receive written assurances from the entity that it is approved by the U.S. Customs and Border Protection to conduct the specific gauger service requested. Alternatively, inquires regarding the specific gauger service this entity is 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 has issued a temporary deviation from the operating schedule that governs the Murray Morgan Bridge, also known as the South 11th Street Bridge, across the Thea Foss Waterway, mile 0.6, previously known as City Waterway, at Tacoma, WA. This deviation will test a change to the drawbridge operating schedule to determine whether a permanent change to the schedule is needed. This test deviation will modify the existing regulation and add an advance notification requirement for obtaining bridge openings during designated times. The Coast Guard has also published a notice of proposed rulemaking (NPRM) under docket number USCG-2012-0911 to which comments may be posted

The Coast Guard has issued a temporary deviation from the operating schedule that governs the LA 302 (Kerner) swing span bridge across the Barataria Bayou, mile 35.7, at Lafitte, Louisiana. The deviation is necessary to allow a movie production crew to safely film at the bridge site. This deviation allows the bridge to remain closed to navigation for 12 hours on two separate nights.

This notice amends the notice of an emergency declaration for the State of New Hampshire (FEMA-3360-EM), dated October 30, 2012, and related determinations.

This is a notice of the Presidential declaration of an emergency for The District of Columbia (FEMA-3352-EM), dated October 28, 2012, and related determinations.

This notice amends the notice of an emergency declaration for the State of West Virginia (FEMA-3358-EM), dated October 29, 2012, and related determinations.

This notice amends the notice of an emergency declaration for the State of New Hampshire (FEMA-3360-EM), dated October 30, 2012, and related determinations.

This is a notice of the Presidential declaration of a major disaster for the State of Rhode Island (FEMA-4089-DR), dated November 3, 2012, and related determinations.

This notice amends the notice of a major disaster declaration for the State of New York (FEMA-4085-DR), dated October 30, 2012, and related determinations.