Department of Homeland Security February 2013 – Federal Register Recent Federal Regulation Documents
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Guidance Regarding Inspection and Certification of Vessels Under the Maritime Security Program
The Coast Guard announces the availability of Navigation and Vessel Inspection Circular (NVIC) 01-13, ``Inspection and Certification of Vessels Under the Maritime Security Program (MSP).'' The MSP serves as a means for establishing a fleet of commercially viable and militarily useful vessels to meet national defense as well as other security requirements. NVIC 01-13 sets forth the Coast Guard's policies and procedures regarding the inspection and certification of vessels under the MSP. NVIC 01-13 provides a comprehensive approach to the MSP inspection process through the establishment of two levels of MSP inspection and oversight.
Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District
The Coast Guard proposes to revise the list of special local regulations and safety zones established for recurring marine events and fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This rulemaking proposes to revise Coast Guard regulations by adding 15 new annual recurring marine events, fireworks displays and revising event date(s) and coordinates for 31 previously established locations within the geographic boundary of the Fifth Coast Guard District. This proposed rule would also delete 21 previously listed marine events, fireworks displays and corresponding regulated areas that no longer occur. These regulations would apply to all events listed in the table attached to the regulation, and include events such as regattas, power boat races, marine parades, swimming races and fireworks displays. Special local regulations and safety zones are being proposed 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.
Drawbridge Operation Regulation; New Haven Harbor, Quinnipiac and Mill Rivers, CT
The Coast Guard has changed the drawbridge operation regulations that govern the operation of three bridges across the Quinnipiac and Mill Rivers at New Haven, Connecticut, to relieve the bridge owner from the burden of crewing the bridges during time periods when the bridges seldom receive requests to open while still providing for the reasonable needs of navigation.
Modification of the Port Limits of Green Bay, WI
This document amends the U.S. Customs and Border Protection (CBP) regulations pertaining to CBP's field organization by expanding and revising the geographical limits of the port of Green Bay, Wisconsin. The port limits will be revised to refer to identifiable roadways and waterways rather than townships and will be extended to include the entire Austin Straubel Airport. The change will make the boundaries more easily identifiable to the public. The change is part of a continuing program to more efficiently utilize CBP's personnel, facilities, and resources, and to provide better service to carriers, importers, and the general public.
Implementation of MARPOL Annex V Amendments
The Coast Guard is publishing an interim rule with request for comments to conform regulations to the adopted MARPOL Annex V amendments which entered into force on January 1, 2013. The International Convention for the Prevention of Pollution from Ships (MARPOL) Annex V (Garbage) amendments prohibiting the discharge of garbage from vessels unless expressly allowed were adopted by the International Maritime Organization's Marine Environmental Protection Committee in July 2011 and implemented domestically through the Act to Prevent Pollution from Ships. Under this rule, the only allowed discharges will be certain food wastes, cargo residues, cleaning agents and additives in wash waters, and animal carcasses.
Great Lakes Pilotage Rates-2013 Annual Review and Adjustment
The Coast Guard is adjusting the rates for pilotage services on the Great Lakes, which were last amended in February 2012. The adjustments establish new base rates and are made in accordance with a full ratemaking procedure. This rulemaking promotes the Coast Guard's maritime safety mission.
Accreditation and Approval of Camin Cargo Control, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Camin Cargo Control, Inc., has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of August 1, 2012.
Agency Information Collection Activities: E-Verify Program; 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 September 11, 2012, at 77 FR 55858, allowing for a 60-day public comment period. USCIS received two comments for this information collection. A discussion of the comments and USCIS' responses are addressed in item 8 of the supporting statement that can be viewed at: https://www.regulations.gov.
Agency Information Collection Activities: Application for Employment Authorization, Form I-765; Form I-765 Work Sheet, Form I-765WS; Revision of a Currently Approved Collection
In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3501 et seq.), the Department of Homeland Security (DHS) is requesting public comment on a proposed revision to an approved information collection. On August 15, 2012, the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), submitted an information collection request, utilizing emergency review procedures, to the Office of Management and Budget (OMB) for review and clearance. OMB approved the information collection request. DHS, U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to OMB for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection notice was recently published in the Federal Register on December 17, 2012, at 77 FR 74687, allowing for a 60-day public comment period. USCIS did receive comments in connection with the 60-day notice.
Agency Information Collection Activities: Consideration of Deferred Action for Childhood Arrivals, Form I-821D; Revision of a Currently Approved Collection
In accordance with the Paperwork Reduction Act of 1995 (Pub. L.104-13, 44 U.S.C. 3501 et seq.), the Department of Homeland Security (DHS) is requesting public comment on a proposed revision to an approved information collection. On August 15, 2012, the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), submitted an information collection request, utilizing emergency review procedures, to the Office of Management and Budget (OMB) for review and clearance. OMB approved the information collection request. USCIS will be submitting the following information collection request to 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 December 14, 2012, at 77 FR 74488, allowing for a 60-day public comment period. USCIS received comments in connection with the 60-day notice. A discussion of the comments and USCIS' responses are addressed in item 8 of the supporting statement that can be viewed at: https://www.regulations.gov.
Drawbridge Operation Regulation; Sabine River, Near Ruliff, LA
The Coast Guard is removing the existing drawbridge operation regulation for the Kansas City Southern (KCS) Railroad drawbridge across Sabine River, mile 36.2, between Newton County, TX and Calcasieu Parish, LA. The drawbridge was converted to a fixed bridge in 2012 and the operating regulation is no longer applicable or necessary.
Information Collection Request: Technical Resource for Incident Prevention (TRIPwire) User Registration
The Department of Homeland Security (DHS), National Protection and Programs Directorate, (NPPD), Protective Security Coordination Division (PSCD), Office for Bombing Prevention (OBP) will submit 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).
Extension of Agency Information Collection Activity Under OMB Review: Security Threat Assessment for Individuals Applying for a Hazardous Materials Endorsement for a Commercial Drivers License
This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0027, 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 October 22, 2012, 77 FR 64533. The collection involves applicant submission of biometric and biographic information for TSA's security threat assessment required before obtaining the hazardous materials endorsement (HME) on a commercial drivers license (CDL) issued by the States and the District of Columbia.
Updates to Standards Incorporated by Reference; Reapproved ASTM Standards; Technical Amendment
Many of the Coast Guard's regulations incorporate by reference consensus standards that are developed by organizations other than the Coast Guard. This final rule updates references to standards developed by ASTM International, that have been reapproved, without change, since their incorporation into Coast Guard regulation. This rule does not address standards that have changed substantively, and it will not have any substantive impact on the regulated public.
Intent To Request Renewal From OMB of One Current Public Collection of Information: Pipeline Corporate Security Review Program
The Transportation Security Administration (TSA) invites public comment on one currently-approved Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0056, abstracted below that we 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. The collection will assess the current security practices in the pipeline industry by way of TSA's Pipeline Corporate Security Review (CSR) 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 missions.
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. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.
Pennsylvania; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Commonwealth of Pennsylvania (FEMA-4099-DR), dated January 10, 2013, and related determinations.
Connecticut; Emergency and Related Determinations
This is a notice of the Presidential declaration of an emergency for the State of Connecticut (FEMA-3361-EM), dated February 10, 2013, and related determinations.
Mississippi; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Mississippi (FEMA-4101-DR), dated February 13, 2013, and related determinations.
Establishment of Due Process Procedures on License-Like Processes
This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations to set forth due process procedures for CBP to follow before suspending or revoking assigned entry filer codes, immediate delivery privileges or remote location filing privileges. These proposed changes will codify in the regulations due process procedures consistent with the Administrative Procedure Act before CBP takes actions on these programs depriving an importer of these privileges.
Interim Guidance for Revised Implementation of the International Convention for the Prevention of Pollution From Ships (MARPOL), Annex V
The Coast Guard announces the availability of CG-CVC Policy Letter 13-01, ``Interim Guidance for Revised MARPOL Annex V Implementation.'' On July 15, 2011, the International Maritime Organization's (IMO) Marine Environment Protection Committee (MEPC) formally adopted Resolution MEPC.201(62), which amends the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex V, by establishing a general prohibition on discharges of garbage into the sea. The amendments in Resolution MEPC.201(62) entered into force on January 1, 2013. CG-CVC Policy Letter 13-01 provides interim guidance to assist U.S. flagged and foreign flagged oceangoing ships regarding compliance with the amendments in Resolution MEPC.201(62) until the Coast Guard updates the applicable regulations in 33 CFR part 151.
Safety Zone; Seafair Blue Angels Air Show Performance, Seattle, WA
The U.S. Coast Guard is amending the Seafair Blue Angels Air Show Performance safety zone on the waters of Lake Washington, Seattle, WA. This action is necessary to safeguard participants and spectators from the safety hazards associated with the Seafair Blue Angels Air Show Performance, which include low flying high speed aircraft, and will do so by prohibiting entry into the safety zone unless authorized by the Captain of the Port (COTP), Puget Sound or a Designated Representative.
Safety Zone for Ice Conditions; Baltimore Captain of the Port Zone
The Coast Guard is establishing a temporary safety zone in all navigable waters of the Captain of the Port Baltimore Zone. The temporary safety zone restricts vessels from transiting the zone during the effective period, unless authorized by the Captain of the Port Baltimore or his designated representative. This safety zone is necessary to protect mariners from the hazards associated with ice in the navigable waterways.
Published Privacy Impact Assessments on the Web
The Department of Homeland Security (DHS) Privacy Office is making available thirty-eight Privacy Impact Assessments (PIA) on various programs and systems in the Department. These assessments were approved and published on the Privacy Office's Web site between June 1, 2012, and November 30, 2012.
Regulated Navigation Area-Weymouth Fore River, Fore River Bridge Construction, Weymouth and Quincy, MA
The Coast Guard is proposing to establish a regulated navigation area (RNA) on the navigable waters of Weymouth Fore River under and surrounding the Fore River Bridge (Mile 3.5) between Weymouth and Quincy, MA until December 31, 2017. This proposed rule would allow the Coast Guard to enforce speed and wake restrictions and prohibit all vessel traffic through the RNA during bridge replacement operations, both planned and unforeseen, that could pose an imminent hazard to persons and vessels operating in the area. This rule is necessary to provide for the safety of life in the regulated area during the construction of the Fore River Bridge.
Information Collection Request to Office of Management and Budget
In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting an approval of revisions to the following collection of information: 1625-0086, Great Lakes Pilotage. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.
Security Zone; Protection of Military Cargo, Captain of the Port Zone Puget Sound, WA
The Coast Guard will enforce the Sitcum Waterway Security Zone in Commencement Bay, Tacoma, Washington from 6 a.m. on February 23, 2013, through 11:59 p.m. on March 4, 2013, unless cancelled sooner by the Captain of the Port. This action is necessary for the security of Department of Defense assets and military cargo in the navigable waters of Puget Sound and adjacent waters. Entry into this zone is prohibited unless otherwise exempted or excluded under 33 CFR 165.1321 or unless authorized by the Captain of the Port or his Designated Representative.
Drawbridge Operation Regulations; Chelsea River, Chelsea and East Boston, MA
The Coast Guard has issued a temporary deviation from the regulation governing the operation of the Chelsea Street Bridge across the Chelsea River, mile 1.2, between Chelsea and East Boston, Massachusetts. The vertical lift needs to be adjusted to correct an out of skew condition. This deviation requires the bridge to remain closed for four hours.
Anchorages; Lower Mississippi River, Above Head of Passes, Convent, LA and Point Pleasant, LA
The Coast Guard is establishing a new anchorage area on the Lower Mississippi River, Above the Head of Passes (AHP), located at the Belmont Light extending from Mile Marker (MM) 152.9 to 154 on the Left Descending Bank (LDB) of the river. The anchorage will double the available anchorage areas in this section of the river, which is necessary to help accommodate increased vessel volume and improve navigational safety for vessels transiting this river section. As discussed below, the Coast Guard decided not to establish a second anchorage at Bayou Goula, as had been proposed.
Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone
The Coast Guard proposes to amend and establish regulations requiring safety zones for firework events that take place annually within the Captain of the Port Zone Buffalo. This proposed rule is intended to amend and establish restrictions on vessel access to designated areas on U.S. navigable waterways during certain fireworks displays. The safety zones amended and established by this proposed rule are necessary to protect spectators, participants, and vessels from the hazards associated with fireworks displays.
Agency Information Collection Activities: Notice of Naturalization Oath Ceremony, Form N-445; 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 November 8, 2012, at 77 FR 67018, allowing for a 60-day public comment period. USCIS did receive 1 comment in connection with the 60-day notice.
Advisory Committee on Commercial Operations of Customs and Border Protection (COAC)
The Advisory Committee on Commercial Operations of Customs and Border Protection (COAC) will meet on March 6, 2013, in Washington, DC. The meeting will be open to the public.
Eastern Great Lakes Area Maritime Security Committee; Vacancies
This notice solicits applications for membership in the Area Maritime Security Committee, Eastern Great Lakes, and its five regional subcommittees: Northeast Ohio Region, Northwestern Pennsylvania Region, Western New York Region, Lake Ontario Region, and St. Lawrence Region.
Enforcement Actions Summary
The Transportation Security Administration (TSA) is providing notice that it has issued an annual summary of all enforcement actions taken by TSA under the authority granted in the Implementing Recommendations of the 9/11 Commission Act of 2007.
Safety Zone Within the Lower Portion of Anchorage #9, Mantua Creek Anchorage; Paulsboro, NJ
The Coast Guard will be extending a temporary safety zone around the southern one-third of Anchorage 9 (Mantua Creek Anchorage), below position 39[deg] 51.573 N-075[deg] 13.557 W due to dredging operations. The Dredge Florida will be working along with several support barges and tugs to install approximately 8,000 feet of submerged pipeline and approximately 3,000 feet of floating pipeline crossing through this portion of the anchorage. This regulation is necessary to provide for the safety of life on the navigable waters of the Mantua Creek Anchorage. This closure is intended to restrict vessel anchoring to protect mariners from the hazards associated with an ongoing dredging operation.
Safety Zone; Mamaroneck Beach and Yacht Club Fireworks, Mamaroneck Harbor, Long Island Sound, NY
The Coast Guard proposes to establish a temporary safety zone on the navigable waters of Long Island Sound in the vicinity of Mamaroneck Harbor for a fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. This rule is intended to restrict all vessels from a portion of Long Island Sound before, during, and immediately after the fireworks event.
Artificial Island Anchorage No. 2 Partial Closure, Delaware River; Salem, NJ
The Coast Guard will be establishing a temporary safety zone around the southern portion of Anchorage 2 (Artificial Island Anchorage) below position 39[deg]29'20'' N-075[deg]33'30'' W to position 39[deg]29'12.5'' N-075[deg]33'0'' W due to dredging operations. The hopper dredge STUYVESANT will be working in the area, and 4,000 feet of submerged pipe line will cross the closed portion of the anchorage. This regulation is necessary to provide for the safety of life on the navigable waters of the Artificial Island Anchorage. This closure is intended to restrict vessel anchoring to protect mariners from the hazards associated with an ongoing dredging operation.
Merchant Marine Personnel Advisory Committee
The Merchant Marine Personnel Advisory Committee (MERPAC) will meet on March 12, 2013 and March 13, 2013 in Houston, TX, to discuss various issues related to the training and fitness of merchant marine personnel. This meeting will be open to the public.
Merchant Mariner Medical Advisory Committee
The Merchant Mariner Medical Advisory Committee (MEDMAC) will meet on March 14-15, 2013 to discuss matters relating to medical certification determinations for issuance of merchant mariner credentials, medical standards and guidelines for physical qualifications of operators of commercial vessels, medical examiner education, and medical research. The meeting will be open to the public.
Drawbridge Operation Regulation; James River, Between Isle of Wight and Newport News, VA
The Coast Guard has issued a temporary deviation from the operating schedule that governs the draw of the James River Draw Bridge across the James River, mile 5.0, between Isle of Wight and Newport News, VA. This deviation is necessary to facilitate generator replacement on the James River Draw Bridge. This temporary deviation will allow the drawbridge to remain in the closed-to-navigation position on specific dates and times.
Safety Zone; Lake Worth Dredge Operations, Lake Worth Inlet; West Palm Beach, FL
The Coast Guard is establishing a temporary safety zone on Lake Worth Inlet, West Palm Beach, Florida, to provide for the safety of life and vessels during dredge operations. A safety zone will need to be enforced for 90 minutes on two separate occasions during a two week period. The time of enforcement will be publicized as soon as practical. During the time of enforcement, persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Miami or a designated representative.
Agency Information Collection Activities: Application for Citizenship and Issuance of Certificate Under Section 322, Form N-600K; 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 December 3, 2012, at 77 FR 71609, allowing for a 60-day public comment period. USCIS received two public comment submissions in connection with the 60-day notice.
Privacy Act of 1974; Department of Homeland Security Immigration and Customs Enforcement-007-Alien Criminal Response Information Management System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security, U.S. Immigration and Customs Enforcement is updating and renaming an existing system of records titled, ``Department of Homeland Security/Immigration and Customs Enforcement-007Law Enforcement Support Center Alien Criminal Response Information Management System of Records.'' With the publication of this updated system of records, several changes are being made: (1) The name is being changed; (2) new categories of individuals have been added; (3) new routine uses have been added to allow Immigration and Customs Enforcement to share information from the system; and (4) the retention period of Brady Act check records has been corrected and the retention period for National Sex Offender Registrant records and for individuals for whom non-criminal queries are conducted have been added. A Privacy Impact Assessment update for the Alien Criminal Response Information Management system is being published concurrently with this notice. It can be found on the DHS Web site at https://www.dhs.gov/privacy. The exemptions for the existing system of records notice will continue to be applicable for this system of records notice (74 FR 45079, August 31, 2009), and this system will continue to be included in the Department of Homeland Security's inventory of record systems.
Special Local Regulation; Southern California Annual Marine Events for the San Diego Captain of the Port Zone
The Coast Guard will enforce the 2013 California Ironman Triathlon Special Local Regulation located in Oceanside Harbor in Oceanside, California from 6:40 a.m. through 9:30 a.m. on March 30, 2013. This action is necessary to provide to provide for the safety of the participants, crew, spectators, sponsor vessels of the event, and general users of the waterway. During the enforcement period, no spectators shall anchor, block, loiter in, or impede the transit of participants or official patrol vessels in the regulated area during the effective dates and times, unless cleared for such entry by Coast Guard Patrol Commander or through an official supporting vessel.
Drawbridge Operation Regulation; Charenton Canal, Baldwin, LA
The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe (BNSF) Railway Company swing span bridge across Charenton Canal, mile 0.4, at Baldwin, St. Mary Parish, Louisiana. The deviation is necessary to complete scheduled repairs for the continued safe operation of the bridge. This deviation allows the bridge to remain in the closed-to- navigation position for sixteen consecutive hours.
Drawbridge Operation Regulation; Bayou Boeuf, Amelia, LA
The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe (BNSF) Railway Company swing span bridge across Bayou Boeuf, mile 10.2, at Amelia, St. Mary Parish, Louisiana. The deviation is necessary to complete scheduled repairs necessitated by a bridge allision. This deviation allows the bridge to remain in the closed-to- navigation position for sixteen consecutive hours.
Safety Zone; Vigor Industrial Roll-Out, West Duwamish Waterway, Seattle, WA
The Coast Guard is establishing a temporary safety zone in the West Duwamish Waterway in Seattle, Washington for a vessel roll-out at Vigor Industrial. The safety zone is necessary to ensure the safety of the maritime public and workers involved in the roll-out. The safety zone will prohibit any person or vessel from entering or remaining in the safety zone unless authorized by the Captain of the Port or a Designated Representative.
Safety Zone; Sea World San Diego Fireworks, Mission Bay; San Diego, CA
The Coast Guard is establishing a safety zone on the navigable waters of Mission Bay in support of the Sea World San Diego Fireworks. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.
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