Department of Homeland Security August 2013 – Federal Register Recent Federal Regulation Documents

The Federal Emergency Management Agency (FEMA) requests public comments on the Guide for the Evaluation of Alert and Notification Systems for Nuclear Power Plants, FEMA-REP-10, Rev. 1.

The Federal Emergency Management Agency (FEMA) will submit the information collection abstracted below to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission will describe the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and the actual data collection instruments FEMA will use.

The Coast Guard is establishing a regulated navigation area (RNA) on the navigable waters of the Kennebec River surrounding the Maine Kennebec Bridge between Richmond, ME, and Dresden, ME. This RNA allows 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 on the navigable waters during the replacement of the bridge. The Coast Guard is issuing this temporary rule due to the exigent circumstances and invites comments to modify or amend the rule as necessary.

The Coast Guard is establishing temporary safety zone in the waters of Lake Erie, Put-In-Bay, Ohio. This zone is intended to restrict vessels from a portion of Lake Erie during the Battle of Lake Erie Fireworks. This temporary safety zone is necessary to protect people and vessels from the hazards associated with this event.

The Coast Guard is revising the operating schedule that governs the Winneconne Highway Bridge at Mile 2.4, and the Canadian National Railroad Bridge at mile 27.8, both over the Wolf River. A review of the current regulation was requested by the Wisconsin Department of Transportation (WDOT) and the Canadian National Railroad.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the draw of the US40-322 (Albany Avenue) Bridge across Inside Thorofare, NJICW mile 70.0, at Atlantic City, NJ. The deviation allows the bridge to remain in the closed position to vessels requesting a bridge opening in order to accommodate the 3rd Annual Atlantic City Triathlon.

The Department of Homeland Security (DHS) invites the general public to comment on the data collection form for the DHS Science & Technology (S&T) First Responders Community of Practice (FRCoP): User Registration Page (DHS Form 10059 (9/09)). The FRCoP web based tool collects profile information from first responders and select authorized non-first responder users to facilitate networking and formation of online communities. All users are required to authenticate prior to entering the site. In addition, the tool provides members the capability to create wikis, discussion threads, blogs, documents, etc., allowing them to enter and upload content in accordance with the site's Rules of Behavior. Members are able to participate in threaded discussions and comment on other member's content. The DHS S&T FRCoP program is responsible for providing a collaborative environment for the first responder community to share information, best practices, and lessons learned. Section 313 of the Homeland Security Act of 2002 established this requirement. This notice and request for comments is required by the Paperwork Reduction Act of 1995.

The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a new information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the collection of qualitative data regarding preparedness message framing. The goal of this qualitative research is to gain insights on how best to frame preparedness messaging to effectively encourage and motivate the public to prepare themselves and their families for a disaster.

The Coast Guard is establishing a temporary safety zone upon the navigable waters of Mission Bay in San Diego, CA for the annual San Diego Bayfair power boat races from September 13, 2013 to September 15, 2013. This temporary 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 would be prohibited from entering into, transiting through or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative.

The Coast Guard is revising several vessel inspection and certification regulations to align them with a statutory definition of ``seagoing barge'' and with a statutory exemption from inspection and certification requirements for certain seagoing barges. The revisions are intended to eliminate ambiguity in existing regulations, to reduce the potential for confusion among the regulated public, and to help the Coast Guard perform its maritime safety and stewardship missions.

The Coast Guard proposes to temporarily modify the operating schedule that governs the Route 1 & 9 (Lincoln Highway) Bridge across the Hackensack River, mile 2.0, between Kearny and Jersey City, New Jersey. The bridge owner, New Jersey Department of Transportation, submitted a request to restrict bridge openings during the morning and afternoon rush hour periods to alleviate traffic congestion resulting from area roadway closures. It is expected that this change to the regulations would provide relief to vehicular traffic while continuing to meet the reasonable needs of navigation.

This document announces U.S. Customs and Border Protection's (CBP's) plan to conduct a test concerning the manifesting and entry of residual cargo found in containers arriving as Instruments of International Traffic (IIT). The document also announces that CBP will begin enforcement of HQ Ruling H026715, dated June 19, 2009, when the test announced in this document begins. In HQ Ruling H026715, CBP held that in order to ensure the safety and security of the transportation of IIT containers and the CBP Officers who may examine or work in close proximity to them, IIT containers with residual cargo should not be manifested as empty consistent with the advance cargo information reporting requirements authorized pursuant to 19 U.S.C. 2071 note. The modified ruling, HQ H026715, requires that residue within containers be ``classified, entered, and manifested.'' CBP recognizes that the trade community believes that the requirement to manifest and enter for residual cargo in accordance with the current regulations would be overly burdensome. As a result, CBP, with input from the trade, has developed a test in order to determine a less burdensome way for the trade to manifest and enter residual cargo in IITs while also ensuring the safety and security of CBP Officers and the transportation of such IITs. Accordingly, this test will allow for a new type of entry designed to capture residue in containers that will be cleaned or re-filled that can be made off the manifest through an indicator that identifies it as a Residue Entry. Parties not wishing to participate in the test, however, will be required to ``classify, enter, and manifest'' (formal or informal entry) the residual cargo in accordance with the underlying statutes and their implementing regulations when the test begins.

On June 17, 2013, FEMA published in the Federal Register (78 FR 36220-36222) a proposed flood hazard determination notice that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 78 FR 36220. The table provided here represents the proposed flood hazard determinations and communities affected for Orange County, Texas, and Incorporated Areas.

This notice lists communities where the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or the regulatory floodway (hereinafter referred to as flood hazard determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports, prepared by the Federal Emergency Management Agency (FEMA) for each community, is appropriate because of new scientific or technical data. The FIRM, and where applicable, portions of the FIS report, have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR), in accordance with FEMA regulations. The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. For rating purposes, the currently effective community number is shown in the table below and must be used for all new policies and renewals.

This notice lists communities where the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or the regulatory floodway (hereinafter referred to as flood hazard determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports, prepared by the Federal Emergency Management Agency (FEMA) for each community, is appropriate because of new scientific or technical data. The FIRM, and where applicable, portions of the FIS report, have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR). The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. For rating purposes, the currently effective community number is shown in the table below and must be used for all new policies and renewals.

The Coast Guard is announcing its intent to enter into a Cooperative Research and Development Agreement (CRADA) with Marine Exchange of Alaska (MXAK) to develop, demonstrate, and evaluate, in an operational setting, at least one promising technology approach to the ``Next Generation Arctic Maritime Navigational Safety Information System,'' which provides important, time-critical, information to mariners, in order that they may better assess and manage their voyage risks, as they transit the remote and hostile waters of the U.S. Arctic Exclusive Economic Zone (EEZ). While the Coast Guard is currently considering partnering with MXAK, it is soliciting public comment on the possible nature of and participation of other parties in the proposed CRADA. In addition, the Coast Guard also invites other potential non-Federal participants, who have the interest and capability to bring similar contributions to this type of research, to consider submitting proposals for consideration in similar CRADAs.

Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation, 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 March 6, 2013.

The Merchant Mariner Medical Advisory Committee (MEDMAC) will meet on September 24-25, 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.

Each year, the Federal Emergency Management Agency (FEMA) is required by the Write-Your-Own (WYO) Program Financial Assistance/ Subsidy Arrangement (Arrangement) to notify private insurance companies (Companies) and to make available to the Companies the terms for subscription or re-subscription to the Arrangement. In keeping with that requirement, this notice provides the terms to the Companies to subscribe or re-subscribe to the Arrangement.

Notice is hereby given, pursuant to CBP regulations, that SGS North America, 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 May 23, 2012.

Notice is hereby given, pursuant to CBP regulations, that SGS North America, Inc., has been approved to gauge petroleum, petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of January 24, 2013.

This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain digital storage devices known as hard disk drives (``HDDs'') and self-encrypting drives (``SEDs''). Based upon the facts presented, CBP has concluded that the programming operations performed in the United States, using U.S.-origin firmware, substantially transform non-TAA country HDDs. Therefore, the country of origin of the HDDs and SEDs is the United States for purposes of U.S. Government procurement.

The Merchant Marine Personnel Advisory Committee (MERPAC) will meet on September 11, 2013 and September 12, 2013 in Linthicum Heights, MD, to discuss various issues related to the training and fitness of merchant marine personnel. This meeting will be open to the public.

The Coast Guard is establishing five temporary safety zones on waterways near Chicago, IL. These safety zones are intended to restrict vessels from portions of Chicago waterways due to the filming of a motion picture. These temporary safety zones are necessary to protect the surrounding public and vessels from the hazards associated with the stunt work, low-flying helicopter, and other hazards involved in the filming of a motion picture.

This is a notice of the Presidential declaration of a major disaster for the State of Texas (FEMA-4136-DR), dated August 2, 2013, and related determinations.