Department of Homeland Security October 2022 – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to modify and reissue a current DHS system of records titled, ``Department of Homeland Security/Federal Emergency Management Agency-011 Training and Exercise Program Records System of Records.'' This system of records allows DHS/Federal Emergency Management Agency (FEMA) to collect from and maintain records on current and former FEMA employees and contractors, current and former members of the first responder and emergency management communities, and other individuals who have applied or registered to participate in training and exercise programs or who have assisted with FEMA's training and exercise programs. DHS/FEMA is updating this system of records notice (SORN) to include: (1) Modifying system location; (2) supplementing legal authorities; (3) clarifying the purpose of the SORN; (4) expanding the categories of records; (5) clarifying the sources of records; (6) revising the routine uses; and (7) adjusting the retention and disposal schedule of records. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This updated system will be included in DHS's inventory of record systems.
Certificate of Alternative Compliance for the PHILLY SHIPYARD, INC. HULL NO. 038, O.N. 1321554
The Coast Guard announces that the Chief of the Prevention Division, Fifth Coast Guard District, has issued a certificate of alternative compliance from the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), for the PHILLY SHIPYARD, INC. HULL NO. 038, O.N. 1321554. We are issuing this notice because its publication is required by statute. Due to the construction and placement of the fore masthead light and aft masthead light arrangements, PHILLY SHIPYARD, INC. HULL NO. 038, O.N. 1321554, cannot fully comply with the light, shape, or sound signal provisions of the 72 COLREGS without interfering with the vessel's design and construction. This notification of issuance of a certificate of alternative compliance promotes the Coast Guard's marine safety mission.
Safety Zone; NAS Jax Air Show, St. Johns River, Jacksonville, FL
The Coast Guard is establishing a temporary safety zone for certain waters of the St. Johns River in connection with the Naval Air Station Jacksonville Air Show. This action is necessary to provide for the safety of life on these navigable waters near Naval Air Station Jacksonville, Jacksonville, FL, during the air show. Entry of vessels or persons into this safety zone is prohibited unless specifically authorized by the Captain of the Port Jacksonville or a designated representative.
Readability Changes for Special Requirements for Admission, Extension, and Maintenance of Nonimmigrant Status
The Department of Homeland Security (DHS) is adding technical reading aids to a section of the Code of Federal Regulations to make that section easier to navigate.
Safety Zone; Potomac River, Washington, DC
The Coast Guard is establishing a temporary safety zone for certain waters of the Potomac River. The safety zone is needed to protect personnel, vessels, and the marine environment on these navigable waters near Washington, DC, on October 22, 2022, (no rain date) from potential hazards during a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Maryland-National Capital Region or a designated representative.
Eleventh Coast Guard District Annual Marine Events; Northern California and Lake Tahoe, CA
The Coast Guard is updating the list of marine events occurring annually within the Eleventh Coast Guard District, specifically within the San Francisco Captain of the Port (COTP) zone. This rule will enable vessel movement restrictions in the regulated area when the special local regulations are activated and enforced.
Special Local Regulation; Eureka Concert Spectator Area, Eureka Channel, Eureka, CA
The Coast Guard is establishing a temporary local regulation for the navigable waters of Eureka Channel, in the vicinity of Woodley Island, in support of an onshore concert with spectator vessels. This special local regulation is necessary to protect the safety of life on these navigable waters and to ensure the safety of mariners transiting the area from the dangers associated with the large gathering of on water concert spectators. This special local regulation will temporarily establish the spectator area and safe access lane to be used for transit and emergency response access. This regulation is necessary to provide safety of life on the navigable waters during the event, which will be held on October 16, 2022.
Safety Zone; Mystic River, Mystic, CT
The Coast Guard is establishing a temporary safety zone on the Mystic River for the Mystic Seaport Bridge 100th Anniversary Fireworks Display. This action is necessary to provide for the safety of life on the navigable waters in the vicinity of the Mystic Bascule Bridge during a fireworks display. This rule would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Long Island Sound or a designated representative.
Safety Zones in Reentry Sites; Tampa and Tallahassee, Florida
The Coast Guard is activating two safety zones for the SpaceX Commercial Crew-4 mission, reentry vehicle splashdown, and recovery operations. These operations will occur in the U.S. Exclusive Economic Zone (EEZ). Our regulation for safety zones in reentry sites within the Seventh Coast Guard District identifies the regulated areas for this event. No U.S. flagged vessel may enter the safety zones unless authorized by the Captain of the Port St. Petersburg or a designated representative. Foreign-flagged vessels are encouraged to remain outside the safety zones.
Changes in Flood Hazard Determinations
New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities.
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).
Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Consideration of Deferred Action for Childhood Arrivals
The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) invites the general public and other Federal agencies to comment upon this proposed extension of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (i.e. the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments.
Notice of Availability of Draft Study; Extension of Comment Period
The Coast Guard is extending the comment period of the draft Pacific Coast Port Access Route Study (PAC-PARS) in order to provide stakeholders with additional time to provide the Coast Guard with valuable input. This study evaluates safe access routes for the movement of vessel traffic proceeding to or from ports or places along the western seaboard of the United States and determines whether a shipping safety fairway (``fairway'') and/or routing measures should be established, adjusted or modified.
Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Florida
The Coast Guard is activating three safety zones for the SpaceX Commercial Crew-4 mission, reentry vehicle splashdown, and recovery operations. These operations will occur in the U.S. Exclusive Economic Zone (EEZ). Our regulation for safety zones in reentry sites within the Seventh Coast Guard District identifies the regulated areas for this event. No U.S.-flagged vessel may enter the safety zones unless authorized by the Captain of the Port Jacksonville or a designated representative. Foreign-flagged vessels are encouraged to remain outside the safety zones.
Safety Zone; Verdigris River MM 431 Through MM 432, Catoosa, OK
The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Verdigris River, Mile Marker (MM) 431 through MM 432, Catoosa, OK. This rule is necessary to provide for the safety of life on navigable waters during a bridge demolition. All vessels and persons are prohibited from entering the demolition area unless specifically authorized by the Captain of the Port Sector Lower Mississippi River or a designated representative.
National Chemical Transportation Safety Advisory Committee; November 2022 Meeting
The National Chemical Transportation Safety Advisory Committee (Committee) will conduct a series of meetings over 3 days in Houston, TX, to discuss matters relating to the safe and secure marine transportation of hazardous materials. The subcommittee meetings will also be available by videoconference for those unable to attend in person, however the full committee meeting will be held in person only. All meetings will be open to the public.
Agency Information Collection Activities: Proposed Collection; Comment Request; National Fire Department Registry
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public to take this opportunity to comment on a revision of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the use of a form to collect data for the development and continuation of the National Fire Department Registry.
Period of Admission and Extensions of Stay for Representatives of Foreign Information Media Seeking To Enter the United States
This rule amends Department of Homeland Security (DHS) regulations to better facilitate the U.S. Government's ability to achieve greater reciprocity between the United States and the People's Republic of China (PRC) relative to the treatment of representatives of foreign information media of the respective countries seeking entry into the other country. For entry into the United States, such foreign nationals would seek to be admitted in I nonimmigrant status as bona fide representatives of foreign information media. Currently, foreign nationals who present a passport issued by the PRC, with the exception of Hong Kong Special Administrative Region (SAR) or Macau SAR passport holders, may be admitted in or otherwise granted I nonimmigrant status until the activities or assignments consistent with the I classification are completed, not to exceed 90 days. This rule amends the DHS regulations to remove the set period of stay of up to 90 days and to allow the Secretary of Homeland Security (Secretary) to determine the maximum period of stay, no longer than one year, for PRC I visa holders, taking into account certain factors. This rule also announces the Secretary has determined the maximum period of stay for which a noncitizen who presents a passport issued by the PRC (other than a Hong Kong SAR passport or a Macau SAR passport) may be admitted in or otherwise granted I nonimmigrant status is one year.
Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within Uganda
This document announces the decision of the Secretary of the Department of Homeland Security (DHS) to direct all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, Uganda to arrive at one of the United States airports where the United States government is focusing public health resources to implement enhanced public health measures. For purposes of this document, a person has recently traveled from Uganda if that person departed from, or was otherwise present within, Uganda within 21 days of the date of the person's entry or attempted entry into the United States. Also, for purposes of this document, crew and flights carrying only cargo (i.e., no passengers or non-crew), are excluded from the measures herein.
Safety Zones; Pensacola, Panama City, and Tallahassee, Florida
This temporary final rule would implement a special activities provision of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. The Coast Guard is establishing three temporary safety zones for the safe splashdown and recovery of reentry vehicles launched by Space Exploration Technologies Corporation (SpaceX) in support of the National Aeronautics and Space Administration (NASA) from October 12, 2022 until November 10, 2022. These three temporary safety zones are located within the Captain of the Port Sector Mobile area of responsibility offshore of Pensacola, Panama City, and Tallahassee, Florida. This rule would prohibit U.S. flagged vessels from entering any of the temporary safety zones unless authorized by the Captain of the Port Sector Mobile or a designated representative. Foreign-flagged vessels would be encouraged to remain outside the safety zones. This action is necessary to protect vessels and waterway users from the potential hazards created by reentry vehicle splashdowns and recovery operations in the U.S. Exclusive Economic Zone (EEZ). It is also necessary to provide for the safe recovery of reentry vehicles, and any personnel involved in reentry services, after the splashdown.
Final Flood Hazard Determinations
Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below. The FIRM and FIS report are the basis of the floodplain management measures that a 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 Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP).
Proposed Flood Hazard Determinations; Correction
On August 4, 2022, FEMA published in the Federal Register 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 erroneous information. The table provided here represents the proposed flood hazard determinations and communities affected for Athens County, Ohio and Incorporated Areas.
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).
Changes in Flood Hazard Determinations
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 Federal Regulations. The currently effective community number is shown in the table below and must be used for all new policies and renewals.
Final Flood Hazard Determinations
Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below. The FIRM and FIS report are the basis of the floodplain management measures that a 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 Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP).
Notice of President's National Security Telecommunications Advisory Committee Meeting
As stipulated by the Federal Advisory Committee Act, CISA is hereby giving notice that a meeting is scheduled to be held for the President's National Security Telecommunications Advisory Committee (NSTAC). This meeting will be partially closed to the public. The public can access the meeting via teleconference.
Safety Zone; Atchafalaya River-Berwick Bay, Morgan City, LA
The Coast Guard is establishing a temporary safety zone of 100-meters from the western side of the channel in the Atchafalaya River through Berwick Bay between mile marker (MM) 119 and MM 121. This temporary safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the recreational paddling race, Tour Du Teche 135. Entry of vessels into this zone is prohibited unless specifically authorized the Captain of the Port Houma or a designated Patrol Commander.
Draft Programmatic Environmental Impact Statement Expansion and Modernization of Base Seattle
In accordance with the National Environmental Policy Act (NEPA) of 1969 as amended and the Council on Environmental Quality NEPA Regulations, the U.S. Coast Guard announces the availability of the Draft Programmatic Environmental Impact Statement (PEIS) for the Expansion and Modernization of Base Seattle. The Draft PEIS analyzes the potential environmental and socioeconomic impacts, and identifies related mitigation measures, associated with land acquisition, facility and infrastructure modernization, and continued operation to support current and future Coast Guard missions at Base Seattle. By this notice, Coast Guard is announcing the availability of the draft PEIS for public review and comment.
National Advisory Council; Meeting
The Federal Emergency Management Agency's National Advisory Council (NAC) will meet on October 25-27, 2022. The meeting will be open to the public through virtual means.
Changes in Flood Hazard Determinations
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 Federal Regulations. The currently effective community number is shown in the table below and must be used for all new policies and renewals.
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).
Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX
The Coast Guard proposes to extend the effective period of the temporary safety zone on the upper reaches of Taylor Bayou Turning Basin in Port Arthur, TX. This action is necessary to provide protection to the levee protection wall located at the north end of the turning basin until permanent repairs can be effected. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Marine Safety Unit Port Arthur or a designated representative. We invite your comments on this proposed rulemaking.
Regulated Navigation Area; Environmental Protection Agency Superfund Site, Point Ruston, Commencement Bay, Tacoma, WA
The Coast Guard is establishing a permanent regulated navigation area (RNA) for all navigable waters within the area of lines drawn from Dune Park downward to the Point Ruston Historic Ferry dock on Commencement Bay, WA. This RNA is necessary to preserve the integrity of protective sediment caps placed in multiple areas within this waterway as part of the remediation process at the Commencement Bay, Nearshore/Tideflats Environmental Protection Agency (EPA) Superfund Cleanup Site. This RNA prohibits activities which would disturb the seabed, such as anchoring, dragging, trawling, spudding, or other activities that involve disrupting the integrity of the sediment cap, unless authorized by the Captain of the Port (COTP) Puget Sound or their Designated Representative. The RNA will not affect vessels transiting or navigating within this waterway.
Agency Information Collection Activities: Submission for OMB Review; Comment Request; FEMA's Grants Reporting Tool (GRT)
The Federal Emergency Management Agency (FEMA), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public to take this opportunity to comment on a reinstatement, without change, of a previously approved information collection for which approval has expired. 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.
Safety Zone; Ohio River, Louisville, KY
The Coast Guard is establishing a temporary safety zone for all navigable waters of the Ohio River from mile marker (MM) 602.5 to MM 603.5 from 7 p.m. on October 24 through 1 a.m. on October 25, 2022. This action is necessary to provide for the safety of life on these navigable waters near Louisville, KY during a planned film stunt on October 24 and 25, 2022. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Ohio Valley or a designated representative.
Safety Zone; Green River, Henderson, KY
The Coast Guard is establishing a temporary safety zone for navigable waters from Mile Marker 7.0 to 9.0 on the Green River, outside of Henderson, KY. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the bridge demolition. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Ohio Valley.
Cyber Incident Reporting for Critical Infrastructure Act of 2022: Washington, DC Listening Session
The Cybersecurity and Infrastructure Security Agency (CISA) is announcing one additional public listening session located in Washington, DC to receive input on the forthcoming proposed regulations required by the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA). This session will allow interested parties to provide input to CISA on the same key areas of interest published in the Federal Register on September 12, 2022.
Customs-Trade Partnership Against Terrorism (CTPAT) and CTPAT Trade Compliance Program
The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Announcing Two Virtual Public Outreach Events
The Coast Guard announces two virtual public outreach events to discuss the Draft Pacific Coast Port Access Route Study (PAC-PARS) and its recommendations to establish voluntary fairways along the Pacific Coast. Both events will cover the same material.
Agency Information Collection Activities: Nationwide Cyber Security Review (NCSR) Assessment
CISA will submit the following renewal information for an existing collection request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995.
Intent To Request an Extension 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 an extension in compliance with the Paperwork Reduction Act (PRA). On July 29, 2022, OMB approved TSA's request for an emergency revision of this collection to address the ongoing cybersecurity threat to pipeline systems and associated infrastructure. TSA is now seeking to renew the collection, which expires on January 31, 2023, with incorporation of the subject of the emergency revision. The ICR describes the nature of the information collection and its expected burden. The collection allows TSA to assess the current security practices in the pipeline industry through TSA's Pipeline Corporate Security Review (PCSR) program and allows for the continued institution of mandatory cybersecurity requirements under the TSA Security Directive (SD) Pipeline 2021-02 series. The PCSR program is part of the larger domain awareness, prevention, and protection program supporting TSA's and the Department of Homeland Security's missions. The updated ICR reflects changes to collection requirements based on TSA's update to the TSA SD 2021-02 series, released on July 21, 2022.
Cooperative Research and Development Agreement-Evaluation of RADA's Air Surveillance Radar System
The Coast Guard announces its intent to enter into a cooperative research and development agreement (CRADA) to evaluate track classification and discrimination technology and address its ability to perform for specific USCG needs supporting operations. The Coast Guard is currently considering partnering with RADA Technologies LLC and solicits public comment on the possible participation of other parties in the proposed CRADA, and the nature of that participation. 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.
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