Coast Guard September 2007 – Federal Register Recent Federal Regulation Documents

The Department of Homeland Security (DHS), through the Transportation Security Administration (TSA) and the United States Coast Guard (Coast Guard), issues this final rule to amend provisions of its previously issued final rule, to allow for greater participation in the TWIC program and codify final fees to obtain a TWIC. This final rule continues to further secure our Nation's ports and modes of transportation, and also implements the Maritime Transportation Security Act of 2002 (MTSA) and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act). Those statutes require credentialed merchant mariners and individuals with unescorted access to secure areas of vessels and facilities to undergo a security threat assessment and receive a biometric credential, known as a Transportation Worker Identification Credential (TWIC). With this final rule, the Coast Guard amends its regulations on vessel and facility security, requiring the use of the TWIC as an access control measure. Specifically, the Coast Guard is amending its definition of secure areas, to take into account facilities in the Commonwealth of the Northern Mariana Islands, whose workers are not required to obtain work visas from the United States before being allowed to work. With this final rule, TSA amends its regulations on TWIC to allow additional non-resident aliens to apply for a TWIC if they are working in a job that requires them to have unescorted access to a maritime facility regulated under 33 CFR parts 105 or 106. TSA also amends the scope provision of the rule to include additional non-resident aliens that may apply for TWIC. TSA amends its regulations to clarify those credentialed merchant mariners who may receive a TWIC at a reduced fee. TSA amends the fee portion of the regulation, increasing the replacement credential fee from $36 to $60 and codifying the other fees that were announced in the Federal Register on March 20, 2007. Finally, TSA announces a reduction in the fee charged by the Federal Bureau of Investigation (FBI) to conduct fingerprint-based criminal history record checks (CHRCs) that are submitted to the FBI electronically. Therefore, the standard fee for a TWIC is $132.50 and the reduced TWIC fee for applicants who have completed a comparable threat assessment is $105.25.

The Coast Guard is establishing a temporary safety zone on the St. Clair River, Marine City, Michigan. This safety zone is intended to restrict vessels from portions of the St. Clair River during the Marine City Maritime Festival Fireworks Display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.

The Coast Guard is amending special local regulations for annual regattas and marine parades in the Captain of the Port Lake Michigan zone. This rule is intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after regattas or marine parades. This rule will establish restrictions upon, and control the movement of, vessels in a specified area immediately prior to, during, and immediately after regattas or marine parades.

The Coast Guard is establishing temporary special local regulations for the ``Clarksville Hydroplane Challenge'', a power boat race to be held on the waters of the John H. Kerr Reservoir adjacent to Clarksville, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the John H. Kerr Reservoir adjacent to Clarksville, Virginia during the power boat race.

The Coast Guard is establishing special local regulations during the ``Poquoson Seafood Festival Workboat Races'', a marine event to be held October 14, 2007 on the waters of the Back River, Poquoson, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Back River during the event.

This rule makes non-substantive changes throughout Title 46 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard shipping regulations. This rule will have no substantive effect on the regulated public.

The Coast Guard will enforce special local regulations for the Sunset Lake Hydrofest on Sunset Lake from 8:30 a.m. September 29, 2007 through 5:30 p.m. September 30, 2007. This action is necessary to provide for the safety of life on navigable waters during the event. During the enforcement period, vessel traffic will be restricted in portions of Sunset Lake during the event.

Under the Federal Advisory Committee Act, 5 U.S.C. App. 2 (Pub. L. 92-463), the Secretary of Homeland Security has renewed the charter for the Chemical Transportation Advisory Committee (CTAC) for 2 years from August 17, 2007, until August 17, 2009. CTAC is a Federal advisory committee under 5 U.S.C. App. 2 (Pub. L. 92-463, 86 Stat. 770). This Committee advises the Coast Guard on safe and secure transportation and handling of hazardous materials in bulk on U.S.-flag vessels and barges in U.S. ports and waterways.

The Coast Guard seeks applications for membership on the National Offshore Safety Advisory Committee (NOSAC). NOSAC provides advice and makes recommendations to the Coast Guard on matters affecting the offshore industry.

The Coast Guard proposes the establishment of a 1000 foot safety zone around a fireworks display for the North Carolina Holiday Flotilla occurring on November 24, 2007, in the vicinity of Motts Channel/Banks Channel and Wrightsville Beach, NC. This action is intended to restrict vessel traffic on Motts Channel. This safety zone is necessary to protect mariners from the hazards associated with fireworks displays.

The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the new Woodrow Wilson Memorial (I-95) Bridge, mile 103.8, across Potomac River between Alexandria, Virginia and Oxon Hill, Maryland. This deviation allows the new drawbridge to remain closed-to-navigation from 7 a.m. beginning on September 17, 2007 until and including 11:59 p.m. on October 19, 2007, to facilitate completion of concrete pours for the new Woodrow Wilson Bridge construction project.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Beach Channel Railroad Bridge across Jamaica Bay, mile 6.7, at New York, New York. Under this temporary deviation, in effect for four weekends in September, the Beach Channel Railroad Bridge may remain in the closed position on Saturdays and Sundays from 6 a.m. to 9 p.m. This deviation is necessary to facilitate bridge track repairs.

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) requesting an extension of its approval for the following collection of information: 1625-0108, Standard Numbering System for Undocumented Vessels. Before submitting this ICR to OMB, the Coast Guard is inviting comments as described below.

The National Boating Safety Advisory Council (NBSAC) and its subcommittees on boats and associated equipment, prevention through people, and recreational boating safety strategic planning will meet to discuss issues relating to recreational boating safety. All meetings will be open to the public.

The Coast Guard will hold a public hearing to receive comments on the proposed bridge across the Amite River Diversion Canal, mile 3.37, located in Sections 32 and 33, Township 9 South, Range 4 West, near Head of Island, Livingston Parish, Louisiana. The hearing will focus on the issue concerning the vertical clearance of the proposed bridge, which will measure 22.4 feet at Mean High Water, elevation 3.0 feet National Geodetic Vertical Datum (NGVD). Comments regarding impacts that the proposed bridge project may have on navigation of the Amite River Diversion Canal and the environment will be of particular relevance to the Coast Guard's bridge permitting responsibilities.

On January 19, 2007, the Coast Guard published an interim rule with request for comments, which revised the regulated navigation area in Savannah, Georgia, to address changes in Liquefied Natural Gas (LNG) tankship mooring locations following the creation of two new berths within a slip at the Southern LNG facility on the Savannah River. The final rule only addressed facility and vessel requirements when an LNG vessel was underway or moored parallel to the navigational channel outside of the slip. The interim rule was necessary to describe requirements for three different potential mooring situations following the LNG facilities expansion. This final rule adopts the interim rule requirements without change for the following mooring situations at the LNG facility: An LNG tankship moored outside of the slip, one or more LNG tankships moored inside the slip, and LNG tankships moored both inside and outside of the slip.

The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Washington Street S136 Bridge at mile 0.0, across the Norwalk River, Norwalk, Connecticut. This final rule allows the bridge to remain in the closed position to facilitate the annual Norwalk River Fun Run held on the first Saturday in December, with a rain date for the next day in the event of inclement weather. This final rule is necessary for the safety of the race participants and to facilitate the running of the annual Fun Run Race.

The Coast Guard is correcting an oversight to the operating schedule of the Beach Channel railroad bridge across Jamaica Bay, mile 6.7, at Queens, New York, published on December 4, 2006 in the Federal Register. We are also correcting a paragraph designation in the operating schedule for the Woodrow Wilson Bridge across the Potomac River between Oxon Hill, Maryland and Alexandria, Virginia.

The Towing Safety Advisory Committee (TSAC) and its working groups will meet as required to discuss various issues relating to shallow-draft inland and coastal waterway navigation and towing safety. All meetings will be open to the public.