DHS Waivers and Border Barriers

McAllen

Edinburg

Mission

Donna WeslacoMercedes

Reynosa

Progreso

NuevoProgreso

GustavoDíaz Ordaz

Pharr Alamo

Port of Entry

2

Tamaulipas, Mexico

Hidalgo CountyTexas, United States

StarrCounty

Río40

In three different instances, the Secretary of the Department of Homeland Security waived laws to

expedite the construction of border barriers in the areas indicated on this map. Authority for waiving these laws

is provided by the Real ID Act of 2005, as amended.

Waiver areas are described as lines,

thickness of portrayal here is for

visualization purposes only.

Santa Ana National Wildlife Refuge*

Department of Homeland Security Waiversand Border Barriers * Hidalgo County, TX

Kenneth D. MadsenAssociate Professor of Geography

http://u.osu.edu/madsen.34/maps/

Dashed lines represent CBP plans as of May 2018 for

additional border barriers: RGV-002 (purple), RGV-003 (gold), RGV-004 (green). All were funded for Fiscal Year

2018. Not all proposed construction areas are

currently covered by waivers.

Legend

Port of Entry Fencing

PF225 Constructed Fencing

Chertoff Waiver (Hidalgo Co., TX) 4-8-08 (27 laws)

Chertoff Waiver (intermittent border-wide) 4-8-08 (36 laws)

Nielsen Waiver (Hidalgo Co, TX) 10-11-18 (28 laws)

updated: 3/18/19

Bentsen-Rio Grande Valley

State Park*

National Butterfly Center*

La Lomita Historical

Park*

* As per H.J.Res.31 - Consolidated Appropriations Act, 2019 (passed 2/15/19),Section 231 “None of the funds made available by this Act or prior Acts areavailable for construction of pedestrian fencing” within these areas.

ferrycrossing

CDP = Census Designated Place, an unincorporated community

Waiver areas are described in the Federal Register as lines, thickness of portrayal here is

for visualization purposes only.

white outlined areas are part of the

Lower Rio Grande Valley National Wildlife Refuge

Kenneth D. Madsenhttp://u.osu.edu/madsen.34/maps/

updated: 3/18/19

Department of Homeland Security Waiversand Border Barriers * Hidalgo County, TX

1 kilometer

1 mile

Penitas

La JoyaHavana CDP

SullivanCity

GustavoDíaz Ordaz

LosEbanos

CDP

[note overlap areas from one detailed map to the next]

black outlined areas are part of the Las Palomas Wildlife Management

Unit (Texas Parks & Wildlife)

Bentsen-RioGrande Valley

State Park*

National Butterfly Center*

World BirdingCenter headquarters

white outlined areas are part of the

Lower Rio Grande Valley National Wildlife Refuge

Kenneth D. Madsenhttp://u.osu.edu/madsen.34/maps/

updated: 3/18/19

Department of Homeland Security Waiversand Border Barriers * Hidalgo County, TX

1 kilometer

1 mile

Mission

McAllen

Palmview PalmviewSouth

CDPAbramCDP

Granjeno

La Lomita Historical

Park*

Waiver areas are described in the Federal Register as lines, thickness of portrayal here is

for visualization purposes only.

black outlined areas are part of the Las Palomas Wildlife Management

Unit (Texas Parks & Wildlife)

Pharr

McAllenGranjeno

Hidalgo

white outlined areas are part of the

Lower Rio Grande Valley National Wildlife Refuge

Kenneth D. Madsenhttp://u.osu.edu/madsen.34/maps/

updated: 3/18/19

Department of Homeland Security Waiversand Border Barriers * Hidalgo County, TX

1 kilometer

1 mile

San Juan

Reynosa

Waiver areas are described in the Federal Register as lines, thickness of portrayal here is

for visualization purposes only.

black outlined areas are part of the Las Palomas Wildlife Management

Unit (Texas Parks & Wildlife)

white outlined areas are part of the

Lower Rio Grande Valley National Wildlife Refuge

Kenneth D. Madsenhttp://u.osu.edu/madsen.34/maps/

updated: 3/18/19

Department of Homeland Security Waiversand Border Barriers * Hidalgo County, TX

1 kilometer

1 mile

DonnaSanJuan

Santa Ana National Wildlife Refuge*

Waiver areas are described in the Federal Register as lines, thickness of portrayal here is

for visualization purposes only.

black outlined areas are part of the Las Palomas Wildlife Management

Unit (Texas Parks & Wildlife)

Progresso

ProgressoLakes

RelampagoCDP

NuevoProgresso

white outlined areas are part of the

Lower Rio Grande Valley National Wildlife Refuge

Kenneth D. Madsenhttp://u.osu.edu/madsen.34/maps/

updated: 3/18/19

Department of Homeland Security Waiversand Border Barriers * Hidalgo County, TX

1 kilometer

1 mile

Waiver areas are described in the Federal Register as lines, thickness of portrayal here is

for visualization purposes only.

black outlined areas are part of the Las Palomas Wildlife Management

Unit (Texas Parks & Wildlife)

Chertoff 4/8/08 Chertoff 4/8/08 Nielsen 10/11/18

Hidalgo Co., TX Intermittent Hidalgo Co., TX

{1} The National Environmental Policy Act (Pub. L. 91-190, 83 Stat. 852 (Jan. 1,1970) (42 U.S.C. 4321 et seq.))

{1} The National Environmental Policy Act (Pub. L. 91-190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.))

{1} The National Environmental Policy Act (Pub. L. 91–190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.))

{2} the Endangered Species Act (Pub. L. 93-205, 87 Stat. 884 (Dec. 28, 1973) (16 U.S.C. 1531 et seq.))

{2} the Endangered Species Act (Pub. L. 93-205, 87 Stat. 884 (Dec. 28, 1973) (16 U.S.C. 1531 et seq.))

{2} the Endangered Species Act (Pub. L. 93–205, 87 Stat. 884 (Dec. 28, 1973) (16 U.S.C. 1531 et seq.))

{3} the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act) (33 U.S.C. 1251 et seq.))

{3} the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act) (33 U.S.C. 1251 et seq.))

{3} the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act (33 U.S.C. 1251 et seq.))

{4} the National Historic Preservation Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966) (16 U.S.C. 470 et seq.))

{4} the National Historic Preservation Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966) (16 U.S.C. 470 et seq.))

{4} the National Historic Preservation Act (Pub. L. 89–665, 80 Stat. 915 (Oct. 15, 1966), as amended, repealed, or replaced by Public Law 113–287 (Dec.19, 2014) (formerly codified at 16 U.S.C. 470 et seq., now codified at 54 U.S.C. 100101 note and 54 U.S.C. 300101 et seq.))

{5} the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) {5} the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) {5} the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.)

{6} the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.)

{6} the Clean Air Act (42 U.S.C. 7401 et seq.) {6} the Clean Air Act (42 U.S.C. 7401 et seq.) {7} the Clean Air Act (42 U.S.C. 7401 et seq.)

{7} the Archeological Resources Protection Act (Pub. L. 96-95, 16 U.S.C. 470aa et seq.)

{7} the Archeological Resources Protection Act (Pub. L. 96-95, 16 U.S.C. 470aa et seq.)

{8} the Archeological Resources Protection Act (Pub. L. 96–95 (16 U.S.C. 470aa et seq.))

{9} the Paleontological Resources Preservation Act (16 U.S.C. 470aaa et seq.)

{10} the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.)

{8} the Safe Drinking Water Act (42 U.S.C. 300f et seq.) {8} the Safe Drinking Water Act (42 U.S.C. 300f et seq.) {11} the Safe Drinking Water Act (42 U.S.C. 300f et seq.)

{9} the Noise Control Act (42 U.S.C. 4901 et seq.) {9} the Noise Control Act (42 U.S.C. 4901 et seq.) {12} the Noise Control Act (42 U.S.C. 4901 et seq.)

{10} the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.)

{10} the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.)

{13} the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.)

{11} the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.)

{11} the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.)

{14} the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.)

{12} the Archaeological and Historic Preservation Act (Pub. L. 86-523, 16 U.S.C. 469 et seq.)

{12} the Archaeological and Historic Preservation Act (Pub. L. 86-523, 16 U.S.C. 469 et seq.)

{15} the Archaeological and Historic Preservation Act (Pub. L. 86–523, as amended, repealed, or replaced by Pub. L. 113–287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 et seq., now codified at 54 U.S.C. 312502 et seq.))

{13} the Antiquities Act (16 U.S.C. 431 et seq.) {13} the Antiquities Act (16 U.S.C. 431 et seq.) {16} the Antiquities Act (formerly codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. 320301 et seq.)

Kenneth D. Madsenhttp://u.osu.edu/madsen.34/maps/

updated: 3/18/19

Department of Homeland Security Waiversand Border Barriers * Hidalgo County, TX

(waiver listing continued on next page)

{14} the Historic Sites, Buildings, and Antiquities Act (16 U.S.C. 461 et seq.) {14} the Historic Sites, Buildings, and Antiquities Act (16 U.S.C. 461 et seq.) {17} the Historic Sites, Buildings, and Antiquities Act (formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 3201–320303 & 320101–320106)

{15} the Wild and Scenic Rivers Act (Pub. L. 90-542, 16 U.S.C. 1281 et seq.)

{15} the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.) {16} the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.) {18} the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.)

{16} the Coastal Zone Management Act (Pub. L. 92-583, 16 U.S.C. 1451 et seq.)

{17} the Coastal Zone Management Act (Pub. L. 92-583, 16 U.S.C. 1451 et seq.)

{19} the Coastal Zone Management Act (Pub. L. 92–583 (16 U.S.C. 1451, et seq.))

{18} the Wilderness Act (Pub. L. 88-577, 16 U.S.C. 1131 et seq.)

{17} the Federal Land Policy and Management Act (Pub L. 94- 579, 43 U.S.C. 1701 et seq.)

{19} the Federal Land Policy and Management Act (Pub L. 94- 579, 43 U.S.C. 1701 et seq.)

{20} the Federal Land Policy and Management Act (Pub. L. 94–579 (43 U.S.C. 1701 et seq.))

{18} the National Wildlife Refuge System Administration Act (Pub. L. 89-669, 16 U.S.C. 668dd-668ee)

{20} the National Wildlife Refuge System Administration Act (Pub. L. 89-669, 16 U.S.C. 668dd-668ee)

{21} the National Wildlife Refuge System Administration Act (Pub. L. 89–669, 16 U.S.C. 668dd–668ee)

{19} the Fish and Wildlife Act of 1956 (Pub. L. 84-1024, 16 U.S.C. 742a, et seq.) {21} the Fish and Wildlife Act of 1956 (Pub. L. 84-1024, 16 U.S.C. 742a, et seq.) {22} National Fish and Wildlife Act of 1956 (Pub. L. 84–1024 (16 U.S.C. 742a, et seq.))

{20} the Fish and Wildlife Coordination Act (Pub. L. 73- 121, 16 U.S.C. 661 et seq.)

{22} the Fish and Wildlife Coordination Act (Pub. L. 73- 121, 16 U.S.C. 661 et seq.)

{23} the Fish and Wildlife Coordination Act (Pub. L. 73–121 (16 U.S.C. 661 et seq.))

{21} the Administrative Procedure Act (5 U.S.C. 551 et seq.) {23} the Administrative Procedure Act (5 U.S.C. 551 et seq.) {24} the Administrative Procedure Act (5 U.S.C. 551 et seq.)

{24} the Otay Mountain Wilderness Act of 1999 (Pub. L. 106-145)

{25} Sections 102(29) and 103 of Title I of the California Desert Protection Act (Pub. L. 103-433), 50 Stat. 1827

{26} the National Park Service Organic Act (Pub. L. 64-235, 16 U.S.C. 1, 2-4)

{27} the National Park Service General Authorities Act (Pub. L. 91-383, 16 U.S.C. la-1 et seq.)

{28} Sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Pub. L. 95-625)

{29} Sections 301(a)-(f) of the Arizona Desert Wilderness Act (Pub. L. 101-628)

{22} the Rivers and Harbors Act of 1899 (33 U.S.C. 403) {30} the Rivers and Harbors Act of 1899 (33 U.S.C. 403) {25} the River and Harbors Act of 1899 (33 U.S.C. 403))

{23} the Eagle Protection Act (16 U.S.C. 668 et seq.) {31} the Eagle Protection Act (16 U.S.C. 668 et seq.) {26} the Eagle Protection Act (16 U.S.C. 668 et seq.)

{24} the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.)

{32} the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.)

{27} the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.)

{25} the American Indian Religious Freedom Act (42 U.S.C. 1996) {33} the American Indian Religious Freedom Act (42 U.S.C. 1996) {28} the American Indian Religious Freedom Act (42 U.S.C. 1996)

{26} the Religious Freedom Restoration Act (42 U.S.C. 2000bb) {34} the Religious Freedom Restoration Act (42 U.S.C. 2000bb)

{35} the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.)

{36} and the Multiple Use and Sustained Yield Act of 1960 (16 U.S.C. 528-531)

{27} the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6303-05)

Kenneth D. Madsenhttp://u.osu.edu/madsen.34/maps/

updated: 3/18/19

Department of Homeland Security Waiversand Border Barriers * Hidalgo County, TX

Disclaimer: The maps and data here were prepared with great care and a focus on accurate representation. Nonetheless, they are meant for academic research and general reference rather than definitive legal purposes. Factors that impact the final layout and accuracy include (for example): base map, data layers, judgement calls and interpretations when conflicts or unclear data was encountered, rounding, level of source detail, and map projection. Map projection used for these maps was adapted from USA Contiguous Equidistant Conic with a focus on the border region and a central meridian of 107° 08' W.

Data Acknowledgements: ESRI, Google Maps/Earth, MapQuest, Hidalgo County Appraisal District, International Boundary and Water Commission, U.S. Department of Homeland Security, Texas Parks & Wildlife, Texas Natural Resources Information System, University of Arizona Spatial Data Explorer, DataBasin, Federal Register, Sierra Club Borderlands, Defenders of Wildlife, Texas Civil Rights Project, Denise L. Gilman, Dan Millis, Scott Nicol, Bryan Bird, Matt Clark. My apologies for any inadvertent omissions.

Kenneth D. Madsenhttp://u.osu.edu/madsen.34/maps/

updated: 3/18/19

Department of Homeland Security Waiversand Border Barriers * Hidalgo County, TX

Photograph courtesyof Scott Nicol. City of Hidalgo, 2009

Summary Statistics for Hidalgo County, Texas:river border = 96.2 milestotal length of DHS waiver coverage = 35.4 milestotal length of DHS waivers, including duplicates = 38.6 milesborder covered by DHS waivers = approx. 62.5 miles or 65%

(measured by shortest line from end of each waiver to river bank)total length of PF225 barriers = 20.0 milestotal length of POE barriers = 2.3 milestotal length of barriers proposed May 2018 = 24.4 miles

(by my estimate based on CBP map, 25 miles per CBP narrative)

south of Granjeno, 2008far western end of

wall in Penitas, 2013

west of Donna POE, 2008 west of Donna POE, 2011

Photographs courtesy of Scott Nicol (top),Defenders of Wildlife (lower left),

and Dan Millis (lower right).updated: 3/18/19

Department of Homeland Seurity Waiversand Border Barriers * Hidalgo County, TX

City of Hidalgo, 2016

World Birding Center, 2011

Photographs courtesy of Scott Nicol (left) and Dan Millis (right).

updated: 3/18/19

Department of Homeland Security Waiversand Border Barriers * Hidalgo County, TX

19077 Federal Register / Vol. 73, No. 68 / Tuesday, April 8, 2008 / Notices

FOR FURTHER INFORMATION CONTACT: Ken Hunt, Executive Director, 245 Murray Lane, Mail Stop 0550, Washington, DC 20528, 703–235–0780 and 703–235– 0442, [email protected].

Purpose and Objective: Under the authority of 6 U.S.C. section 451, this charter establishes the Data Privacy and Integrity Advisory Committee, which shall operate in accordance with the provisions of the Federal Advisory Committee Act (FACA) (5 U.S.C. App).

The Committee will provide advice at the request of the Secretary of DHS and the Chief Privacy Officer of DHS on programmatic, policy, operational, administrative, and technological issues within the DHS that relate to personally identifiable information (PII), as well as data integrity and other privacy-related matters.

Duration: The committee’s charter is effective March 25, 2008, and expires March 25, 2010.

Responsible DHS Officials: Hugo Teufel III, Chief Privacy Officer and Ken Hunt, Executive Director, 245 Murray Drive, Mail Stop 0550, Washington, DC 20528, [email protected], 703– 235–0780.

Dated: April 1, 2008. Hugo Teufel III, Chief Privacy Officer. [FR Doc. E8–7277 Filed 4–7–08; 8:45 am] BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended

AGENCY: Office of the Secretary, Department of Homeland Security. ACTION: Notice of determination; correction.

SUMMARY: The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border of the United States. The notice of determination was published in the Federal Register on April 3, 2008. Due to a publication error, the Project Area description was inadvertently omitted from the April 3 publication. For clarification purposes, this document is a republication of the April 3 document including the omitted Project Area description.

DATES: This Notice is effective on April 8, 2008.

Determination and Waiver The Department of Homeland

Security has a mandate to achieve and maintain operational control of the borders of the United States. Public Law 109–367, 2, 120 Stat. 2638, 8 U.S.C. 1701 note. Congress has provided the Secretary of Homeland Security with a number of authorities necessary to accomplish this mandate. One of these authorities is found at section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (‘‘IIRIRA’’). Public Law 104–208, Div. C, 110 Stat. 3009–546, 3009–554 (Sept. 30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005, Public Law 109–13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public Law 109–367, 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by the Department of Homeland Security Appropriations Act, 2008, Public Law 110–161, Div. E, Title V, 564, 121 Stat. 2090 (Dec. 26, 2007). In Section 102(a) of the IIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. In Section 102(b) of the IIRIRA, Congress has called for the installation of fencing, barriers, roads, lighting, cameras, and sensors on not less than 700 miles of the southwest border, including priority miles of fencing that must be completed by December of 2008. Finally, in section 102(c) of the IIRIRA, Congress granted to me the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of the IIRIRA.

I determine that the following area of Hidalgo County, Texas, in the vicinity of the United States border, hereinafter the Project Area, is an area of high illegal entry:

• Starting approximately at the intersection of Military Road and an un- named road (i.e. beginning at the western end of the International Boundary Waters Commission (IBWC) levee in Hidalgo County) and runs east in proximity to the IBWC levee for approximately 4.5 miles.

• Starting approximately at the intersection of Levee Road and 5494 Wing Road and runs east in proximity

to the IBWC levee for approximately 1.8 miles.

• Starting approximately 0.2 mile north from the intersection of S. Depot Road and 23rd Street and runs south in proximity to the IBWC levee to the Hidalgo POE and then east in proximity to the new proposed IBWC levee and the existing IBWC levee to approximately South 15th Street for a total length of approximately 4.0 miles.

• Starting adjacent to Levee Road and approximately 0.1 miles east of the intersection of Levee Road and Valley View Road and runs east in proximity to the IBWC levee for approximately 1.0 mile then crosses the Irrigation District Hidalgo County #1 Canal and will tie into the future New Donna POE fence.

• Starting approximately 0.1 mile east of the intersection of County Road 556 and County Road 1554 and runs east in proximity to the IBWC levee for approximately 3.4 miles.

• Starting approximately 0.1 mile east of the Bensten Groves road and runs east in proximity to the IBWC levee to the Progresso POE for approximately 3.4 miles.

• Starting approximately at the Progresso POE and runs east in proximity to the IBWC levee for approximately 2.5 miles.

In order to deter illegal crossings in the Project Area, there is presently a need to construct fixed and mobile barriers and roads in conjunction with improvements to an existing levee system in the vicinity of the border of the United States as a joint effort with Hidalgo County, Texas. In order to ensure the expeditious construction of the barriers and roads that Congress prescribed in the IIRIRA in the Project Area, which is an area of high illegal entry into the United States, I have determined that it is necessary that I exercise the authority that is vested in me by section 102(c) of the IIRIRA as amended. Accordingly, I hereby waive in their entirety, with respect to the construction of roads and fixed and mobile barriers (including, but not limited to, accessing the project area, creating and using staging areas, the conduct of earthwork, excavation, fill, and site preparation, and installation and upkeep of fences, roads, supporting elements, drainage, erosion controls, safety features, surveillance, communication, and detection equipment of all types, radar and radio towers, and lighting) in the Project Area, all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of, the following laws, as amended: The National Environmental Policy Act (Pub. L. 91–190, 83 Stat. 852 (Jan. 1,

VerDate Aug<31>2005 16:09 Apr 07, 2008 Jkt 214001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\08APN1.SGM 08APN1pwal

ker

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C71

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NO

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ES

19078 Federal Register / Vol. 73, No. 68 / Tuesday, April 8, 2008 / Notices

1970) (42 U.S.C. 4321 et seq.)), the Endangered Species Act (Pub. L. 93– 205, 87 Stat. 884) (Dec. 28, 1973) (16 U.S.C. 1531 et seq.)), the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act) (33 U.S.C. 1251 et seq.), the National Historic Preservation Act (Pub. L. 89– 665, 80 Stat. 915 (Oct. 15, 1966) (16 U.S.C. 470 et seq.)), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Archeological Resources Protection Act (Pub. L. 96–95, 16 U.S.C. 470aa et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Noise Control Act (42 U.S.C. 4901 et seq.), the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Archaeological and Historic Preservation Act (Pub. L. 86–523, 16 U.S.C. 469 et seq.), the Antiquities Act (16 U.S.C. 431 et seq.), the Historic Sites, Buildings, and Antiquities Act (16 U.S.C. 461 et seq.), the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.), the Coastal Zone Management Act (Pub. L. 92–583, 16 U.S.C. 1451 et seq.), the Federal Land Policy and Management Act (Pub L. 94–579, 43 U.S.C. 1701 et seq.), the National Wildlife Refuge System Administration Act (Pub. L. 89–669, 16 U.S.C. 668dd- 668ee), the Fish and Wildlife Act of 1956 (Pub. L. 84–1024, 16 U.S.C. 742a, et seq.), the Fish and Wildlife Coordination Act (Pub. L. 73–121, 16 U.S.C. 661 et seq.), the Administrative Procedure Act (5 U.S.C. 551 et seq.), the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the Eagle Protection Act (16 U.S.C. 668 et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), the American Indian Religious Freedom Act (42 U.S.C. 1996), the Religious Freedom Restoration Act (42 U.S.C. 2000bb), and the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6303– 05).

I reserve the authority to make further waivers from time to time as I may determine to be necessary to accomplish the provisions of section 102 of the IIRIRA, as amended.

Michael Chertoff, Secretary. [FR Doc. E8–7450 Filed 4–7–08; 8:45 am]

BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended

AGENCY: Office of the Secretary, Department of Homeland Security. ACTION: Notice of determination; correction.

SUMMARY: The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border of the United States. The notice of determination was published in the Federal Register on April 3, 2008. Due to a publication error, the description of the Project Areas was inadvertently omitted from the April 3 publication. For clarification purposes, this document is a republication of the April 3 document including the omitted description of the Project Areas. DATES: This Notice is effective on April 8, 2008.

Determination and Waiver

I have a mandate to achieve and maintain operational control of the borders of the United States. Public Law 109–367, 2, 120 Stat. 2638, 8 U.S.C. 1701 note. Congress has provided me with a number of authorities necessary to accomplish this mandate. One of these authorities is found at section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (‘‘IIRIRA’’). Public Law 104–208, Div. C, 110 Stat. 3009–546, 3009–554 (Sept. 30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005, Public Law 109–13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public Law 109–367, 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by the Department of Homeland Security Appropriations Act, 2008, Public Law 110–161, Div. E, Title V, 564, 121 Stat. 2090 (Dec. 26, 2007). In Section 102(a) of IIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United

States. In Section 102(b) of IIRIRA, Congress has called for the installation of fencing, barriers, roads, lighting, cameras, and sensors on not less than 700 miles of the southwest border, including priority miles of fencing that must be completed by December 2008. Finally, in section 102(c) of the IIRIRA, Congress granted to me the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of IIRIRA.

I determine that the following areas in the vicinity of the United States border, located in the States of California, Arizona, New Mexico, and Texas are areas of high illegal entry (collectively ‘‘Project Areas’’):

California

• Starting approximately 1.5 mile east of Border Monument (BM) 251 and ends approximately at BM 250.

• Starting approximately 1.1 miles west of BM 245 and runs east for approximately 0.8 mile.

• Starting approximately 0.2 mile west of BM 243 and runs east along the border for approximately 0.5 mile.

• Starting approximately 0.7 mile east of BM 243 and runs east along the border for approximately 0.9 mile.

• Starting approximately 1.0 mile east of BM 243 and runs east along the border for approximately 0.9 mile.

• Starting approximately 0.7 mile west of BM 242 and stops approximately 0.4 mile west of BM 242.

• Starting approximately 0.8 mile east of BM 242 and runs east along the border for approximately 1.1 miles.

• Starting approximately 0.4 mile east of BM 239 and runs east for approximately 0.4 mile along the border.

• Starting approximately 1.2 miles east of BM 239 and runs east for approximately 0.2 mile along the border.

• Starting approximately 0.5 mile west of BM 235 and runs east along the border for approximately 1.1 miles.

• Starting approximately 0.8 mile east of BM 235 and runs east along the border for approximately 0.1 mile.

• Starting approximately 0.6 mile east of BM 234 and runs east for approximately 1.7 miles along the border.

• Starting approximately 0.4 mile east of BM 233 and runs east for approximately 2.1 miles along the border.

• Starting approximately 0.05 mile west of BM 232 and runs east for approximately 0.1 mile along the border.

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1970) (42 U.S.C. 4321 et seq.)), the Endangered Species Act (Pub. L. 93– 205, 87 Stat. 884) (Dec. 28, 1973) (16 U.S.C. 1531 et seq.)), the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act) (33 U.S.C. 1251 et seq.), the National Historic Preservation Act (Pub. L. 89– 665, 80 Stat. 915 (Oct. 15, 1966) (16 U.S.C. 470 et seq.)), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Archeological Resources Protection Act (Pub. L. 96–95, 16 U.S.C. 470aa et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Noise Control Act (42 U.S.C. 4901 et seq.), the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Archaeological and Historic Preservation Act (Pub. L. 86–523, 16 U.S.C. 469 et seq.), the Antiquities Act (16 U.S.C. 431 et seq.), the Historic Sites, Buildings, and Antiquities Act (16 U.S.C. 461 et seq.), the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.), the Coastal Zone Management Act (Pub. L. 92–583, 16 U.S.C. 1451 et seq.), the Federal Land Policy and Management Act (Pub L. 94–579, 43 U.S.C. 1701 et seq.), the National Wildlife Refuge System Administration Act (Pub. L. 89–669, 16 U.S.C. 668dd- 668ee), the Fish and Wildlife Act of 1956 (Pub. L. 84–1024, 16 U.S.C. 742a, et seq.), the Fish and Wildlife Coordination Act (Pub. L. 73–121, 16 U.S.C. 661 et seq.), the Administrative Procedure Act (5 U.S.C. 551 et seq.), the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the Eagle Protection Act (16 U.S.C. 668 et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), the American Indian Religious Freedom Act (42 U.S.C. 1996), the Religious Freedom Restoration Act (42 U.S.C. 2000bb), and the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6303– 05).

I reserve the authority to make further waivers from time to time as I may determine to be necessary to accomplish the provisions of section 102 of the IIRIRA, as amended.

Michael Chertoff, Secretary. [FR Doc. E8–7450 Filed 4–7–08; 8:45 am]

BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended

AGENCY: Office of the Secretary, Department of Homeland Security. ACTION: Notice of determination; correction.

SUMMARY: The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border of the United States. The notice of determination was published in the Federal Register on April 3, 2008. Due to a publication error, the description of the Project Areas was inadvertently omitted from the April 3 publication. For clarification purposes, this document is a republication of the April 3 document including the omitted description of the Project Areas. DATES: This Notice is effective on April 8, 2008.

Determination and Waiver

I have a mandate to achieve and maintain operational control of the borders of the United States. Public Law 109–367, 2, 120 Stat. 2638, 8 U.S.C. 1701 note. Congress has provided me with a number of authorities necessary to accomplish this mandate. One of these authorities is found at section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (‘‘IIRIRA’’). Public Law 104–208, Div. C, 110 Stat. 3009–546, 3009–554 (Sept. 30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005, Public Law 109–13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public Law 109–367, 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by the Department of Homeland Security Appropriations Act, 2008, Public Law 110–161, Div. E, Title V, 564, 121 Stat. 2090 (Dec. 26, 2007). In Section 102(a) of IIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United

States. In Section 102(b) of IIRIRA, Congress has called for the installation of fencing, barriers, roads, lighting, cameras, and sensors on not less than 700 miles of the southwest border, including priority miles of fencing that must be completed by December 2008. Finally, in section 102(c) of the IIRIRA, Congress granted to me the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of IIRIRA.

I determine that the following areas in the vicinity of the United States border, located in the States of California, Arizona, New Mexico, and Texas are areas of high illegal entry (collectively ‘‘Project Areas’’):

California

• Starting approximately 1.5 mile east of Border Monument (BM) 251 and ends approximately at BM 250.

• Starting approximately 1.1 miles west of BM 245 and runs east for approximately 0.8 mile.

• Starting approximately 0.2 mile west of BM 243 and runs east along the border for approximately 0.5 mile.

• Starting approximately 0.7 mile east of BM 243 and runs east along the border for approximately 0.9 mile.

• Starting approximately 1.0 mile east of BM 243 and runs east along the border for approximately 0.9 mile.

• Starting approximately 0.7 mile west of BM 242 and stops approximately 0.4 mile west of BM 242.

• Starting approximately 0.8 mile east of BM 242 and runs east along the border for approximately 1.1 miles.

• Starting approximately 0.4 mile east of BM 239 and runs east for approximately 0.4 mile along the border.

• Starting approximately 1.2 miles east of BM 239 and runs east for approximately 0.2 mile along the border.

• Starting approximately 0.5 mile west of BM 235 and runs east along the border for approximately 1.1 miles.

• Starting approximately 0.8 mile east of BM 235 and runs east along the border for approximately 0.1 mile.

• Starting approximately 0.6 mile east of BM 234 and runs east for approximately 1.7 miles along the border.

• Starting approximately 0.4 mile east of BM 233 and runs east for approximately 2.1 miles along the border.

• Starting approximately 0.05 mile west of BM 232 and runs east for approximately 0.1 mile along the border.

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• Starting approximately 0.2 mile east of BM 232 and runs east for approximately 1.5 miles along the border.

• Starting 0.6 mile east of Border Monument 229 heading east along the border for approximately 11.3 miles to BM 225.

• Starting approximately 0.1 mile east of BM 224 and runs east along the border for approximately 2.5 miles.

• Starting approximately 2.3 miles east of BM 220 and runs east along the border to BM 207.

Arizona

• Starting approximately 1.0 mile south of BM 206 and runs south along the Colorado River for approximately 13.3 miles.

• Starting approximately 0.1 mile north of County 18th Street running south along the border for approximately 3.8 miles.

• Starting at the Eastern edge of BMGR and runs east along the border to approximately 1.3 miles west of BM 174.

• Starting approximately 0.5 mile west of BM 168 and runs east along the border for approximately 5.3 miles.

• Starting approximately 1 mile east of BM 160 and runs east for approximately 1.6 miles.

• Starting approximately 1.3 miles east of BM 159 and runs east along the border to approximately 0.3 mile east of BM 140.

• Starting approximately 2.2 miles west of BM 138 and runs east along the border for approximately 2.5 miles.

• Starting approximately 0.2 miles east of BM 136 and runs east along the border to approximately 0.2 mile west of BM 102.

• Starting approximately 3 miles west of BM 99 and runs east along the border approximately 6.5 miles.

• Starting approximately at BM 97 and runs east along the border approximately 6.9 miles.

• Starting approximately at BM 91 and runs east along the border to approximately 0.7 miles east of BM 89.

• Starting approximately 1.7 miles west of BM 86 and runs east along the border to approximately 0.7 mile west of BM 86.

• Starting approximately 0.2 mile west of BM 83 and runs east along the border to approximately 0.2 mile east of BM 73.

New Mexico

• Starting approximately 0.8 mile west of BM 69 and runs east along the border to approximately 1.5 miles west of BM 65.

• Starting approximately 2.3 miles east of BM 65 and runs east along the border for approximately 6.0 miles.

• Starting approximately 0.5 mile east of BM 61 and runs east along the border until approximately 1.0 mile west of BM 59.

• Starting approximately 0.1 miles east of BM 39 and runs east along the border to approximately 0.3 mile east of BM 33.

• Starting approximately 0.25 mile east of BM 31 and runs east along the border for approximately 14.2 miles.

• Starting approximately at BM 22 and runs east along the border to approximately 1.0 mile west BM 16.

• Starting at approximately 1.0 mile west of BM 16 and runs east along the border to approximately BM 3.

Texas

• Starting approximately 0.4 miles southeast of BM 1 and runs southeast along the border for approximately 3.0 miles.

• Starting approximately 1 Mi E of the intersection of Interstate 54 and Border Highway and runs southeast approximately 57 miles in proximity to the IBWC levee to 3.7 miles east of the Ft Hancock POE.

• Starting approximately 1.6 miles west of the intersection of Esperanza and Quitman Pass Roads and runs along the IBWC levee east for approximately 4.6 miles.

• Starting at the Presidio POE and runs west along the border to approximately 3.2 miles west of the POE.

• Starting at the Presidio POE and runs east along the border to approximately 3.4 miles east of the POE.

• Starting approximately 1.8 miles west of Del Rio POE and runs east along the border for approximately 2.5 miles.

• Starting approximately 1.3 Mi north of the Eagle Pass POE and runs south approximately 0.8 miles south of the POE.

• Starting approximately 2.1 miles west of Roma POE and runs east approximately 1.8 miles east of the Roma POE.

• Starting approximately 3.5 miles west of Rio Grande City POE and runs east in proximity to the Rio Grande river for approximately 9 miles.

• Starting approximately 0.9 miles west of County Road 41 and runs east approximately 1.2 miles and then north for approximately 0.8 miles.

• Starting approximately 0.5 mile west of the end of River Dr and runs east in proximity to the IBWC levee for approximately 2.5 miles.

• Starting approximately 0.6 miles east of the intersection of Benson Rd

and Cannon Rd and runs east in proximity to the IBWC levee for approximately 1 mile.

• Starting at the Los Indios POE and runs west in proximity to the IBWC levee for approximately 1.7 miles.

• Starting at the Los Indios POE and runs east in proximity to the IBWC levee for approximately 3.6 miles.

• Starting approximately 0.5 mile west of Main St and J Padilla St intersection and runs east in proximity to the IBWC levee for approximately 2.0 miles.

• Starting approximately 1.2 miles west of the Intersection of U.S. HWY 281 and Los Ranchitos Rd and runs east in proximity to the IBWC levee for approximately 2.4 miles.

• Starting approx 0.5 miles southwest of the intersection of U.S. 281 and San Pedro Rd and runs east in proximity to the IBWC levee for approximately 1.8 miles.

• Starting approximately 0.1 miles southwest of the Intersection of Villanueva St and Torres Rd and runs east in proximity to the IBWC levee for approximately 3.6 miles.

• Starting approximately south of Palm Blvd and runs east in proximity to the City of Brownsville’s levee to approximately the Gateway-Brownsville POE where it continues south and then east in proximity to the IBWC levee for a total length of approximately 3.5 miles.

• Starting at the North Eastern Edge of Ft Brown Golf Course and runs east in proximity to the IBWC levee for approximately 1 mile.

• Starting approximately 0.3 miles east of Los Tomates-Brownsville POE and runs east and then north in proximity to the IBWC levee for approximately 13 miles.

In order to deter illegal crossings in the Project Areas, there is presently a need to construct fixed and mobile barriers (such as fencing, vehicle barriers, towers, sensors, cameras, and other surveillance, communication, and detection equipment) and roads in the vicinity of the border of the United States. In order to ensure the expeditious construction of the barriers and roads that Congress prescribed in the IIRIRA in the Project Areas, which are areas of high illegal entry into the United States, I have determined that it is necessary that I exercise the authority that is vested in me by section 102(c) of the IIRIRA as amended.

Accordingly, I hereby waive in their entirety, with respect to the construction of roads and fixed and mobile barriers (including, but not limited to, accessing the project area, creating and using staging areas, the

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conduct of earthwork, excavation, fill, and site preparation, and installation and upkeep of fences, roads, supporting elements, drainage, erosion controls, safety features, surveillance, communication, and detection equipment of all types, radar and radio towers, and lighting) in the Project Areas, all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of, the following laws, as amended: The National Environmental Policy Act (Pub. L. 91–190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.)), the Endangered Species Act (Pub. L. 93– 205, 87 Stat. 884 (Dec. 28, 1973) (16 U.S.C. 1531 et seq.)), the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act) (33 U.S.C. 1251 et seq.)), the National Historic Preservation Act (Pub. L. 89– 665, 80 Stat. 915 (Oct. 15, 1966) (16 U.S.C. 470 et seq.)), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Archeological Resources Protection Act (Pub. L. 96–95, 16 U.S.C. 470aa et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Noise Control Act (42 U.S.C. 4901 et seq.), the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Archaeological and Historic Preservation Act (Pub. L. 86–523, 16 U.S.C. 469 et seq.), the Antiquities Act (16 U.S.C. 431 et seq.), the Historic Sites, Buildings, and Antiquities Act (16 U.S.C. 461 et seq.), the Wild and Scenic Rivers Act (Pub. L. 90–542, 16 U.S.C. 1281 et seq.), the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.), the Coastal Zone Management Act (Pub. L. 92–583, 16 U.S.C. 1451 et seq.), the Wilderness Act (Pub. L. 88–577, 16 U.S.C. 1131 et seq.), the Federal Land Policy and Management Act (Pub L. 94– 579, 43 U.S.C. 1701 et seq.), the National Wildlife Refuge System Administration Act (Pub. L. 89–669, 16 U.S.C. 668dd–668ee), the Fish and Wildlife Act of 1956 (Pub. L. 84–1024, 16 U.S.C. 742a, et seq.), the Fish and Wildlife Coordination Act (Pub. L. 73– 121, 16 U.S.C. 661 et seq.), the Administrative Procedure Act (5 U.S.C. 551 et seq.), the Otay Mountain Wilderness Act of 1999 (Pub. L. 106– 145), Sections 102(29) and 103 of Title I of the California Desert Protection Act (Pub. L. 103–433), 50 Stat. 1827, the National Park Service Organic Act (Pub. L. 64–235, 16 U.S.C. 1, 2–4), the National Park Service General

Authorities Act (Pub. L. 91–383, 16 U.S.C. 1a–1 et seq.), Sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Pub. L. 95–625), Sections 301(a)–(f) of the Arizona Desert Wilderness Act (Pub. L. 101–628), the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the Eagle Protection Act (16 U.S.C. 668 et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), the American Indian Religious Freedom Act (42 U.S.C. 1996), the Religious Freedom Restoration Act (42 U.S.C. 2000bb), the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and the Multiple Use and Sustained Yield Act of 1960 (16 U.S.C. 528–531).

This waiver does not supersede, supplement, or in any way modify the previous waivers published in the Federal Register on September 22, 2005 (70 FR 55622), January 19, 2007 (72 FR 2535), and October 26, 2007 (72 FR 60870).

I reserve the authority to make further waivers from time to time as I may determine to be necessary to accomplish the provisions of section 102 of the IIRIRA, as amended.

Michael Chertoff, Secretary. [FR Doc. E8–7451 Filed 4–7–08; 8:45 am] BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG–2008–0202]

Information Collection Request to Office of Management and Budget; OMB Control Numbers: 1625–0044, 1625–0045, and 1625–0060

AGENCY: Coast Guard, DHS. ACTION: Sixty-day notice requesting comments.

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit Information Collection Requests (ICRs) and Analyses to the Office of Management and Budget (OMB) requesting an extension of their approval for the following collections of information: (1) 1625–0044, Outer Continental Shelf Activities—Title 33 CFR Subchapter N; (2) 1625–0045, Adequacy Certification for Reception Facilities and Advance Notice—33 CFR part 158; and (3) 1625–0060, Vapor Control Systems for Facilities and Tank Vessels. Before submitting these ICRs to OMB, the Coast Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before June 9, 2008. ADDRESSES: To avoid duplicate submissions to the docket [USCG–2008– 0202], please submit them by only one of the following means:

(1) Online: http:// www.regulations.gov.

(2) Mail: Docket Management Facility (DMF) (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001.

(3) Hand delivery: DMF between the hours of 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366– 9329.

(4) Fax: 202–493–2251. The DMF maintains the public docket

for this notice. Comments and material received from the public, as well as documents mentioned in this notice as being available in the docket, will become part of this docket and will be available for inspection or copying at room W12–140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at http://www.regulations.gov.

A copy of the complete ICR is available through this docket on the Internet at http://www.regulations.gov. Additionally, copies are available from Commandant (CG–611), U.S. Coast Guard Headquarters (Attn: Mr. Arthur Requina), 2100 2nd Street, SW., Washington, DC 20593–0001. The telephone number is 202–475–3523. FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of Information Management, telephone 202–475–3523, or fax 202–475–3929, for questions on these documents. Contact Ms. Renee V. Wright, Program Manager, Docket Operations, 202–366–9826, for questions on the docket. SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

The Coast Guard invites comments on whether this information collection request should be granted based on it being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the collections; (2) the accuracy of the estimated burden of the collections; (3) ways to enhance the quality, utility, and clarity of information subject to the collections; and (4) ways to minimize the burden of

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51472 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

339: Science Education Partnership Awards (SEPA).

Date: November 5–6, 2018. Time: 8:00 a.m. to 6:00 p.m. Agenda: To review and evaluate grant

applications. Place: Westin Grand, 2350 M Street NW,

Washington, DC 20037. Contact Person: Jonathan Arias, Ph.D.,

Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5170, MSC 7840, Bethesda, MD 20892, 301–435– 2406, [email protected].

Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR Panel: Pilot Clinical Trials for the Spectrum of Alzheimer’s Disease.

Date: November 5, 2018. Time: 1:00 p.m. to 5:00 p.m. Agenda: To review and evaluate grant

applications. Place: National Institutes of Health, 6701

Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

Contact Person: Wind Cowles, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive Room 3172, Bethesda, MD 20892, 301–437–7872, [email protected].

Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Eukaryotic Parasites and Vectors.

Date: November 6–7, 2018. Time: 8:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant

applications. Place: National Institutes of Health, 6701

Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

Contact Person: Fouad A. El-Zaatari, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3186, MSC 7808, Bethesda, MD 20892, (301) 435– 1149, [email protected].

Name of Committee: Center for Scientific Review Special Emphasis Panel; Small Business: Radiation Therapy and Biology.

Date: November 6–7, 2018. Time: 8:00 a.m. to 11:00 p.m. Agenda: To review and evaluate grant

applications. Place: National Institutes of Health, 6701

Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

Contact Person: Bo Hong, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6194, MSC 7804, Bethesda, MD 20892, 301–996–6208, [email protected].

Name of Committee: Center for Scientific Review Special Emphasis Panel; Topics in Bacterial Pathogenesis.

Date: November 6, 2018. Time: 8:00 a.m. to 6:00 p.m. Agenda: To review and evaluate grant

applications. Place: Embassy Suites at the Chevy Chase

Pavilion, 4300 Military Road NW, Washington, DC 20015.

Contact Person: Richard G. Kostriken, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of

Health, 6701 Rockledge Drive, Room 3192, MSC 7808, Bethesda, MD 20892, 240–519– 7808, [email protected].

Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Topics in Diabetes.

Date: November 6, 2018. Time: 2:00 p.m. to 5:00 p.m. Agenda: To review and evaluate grant

applications. Place: National Institutes of Health, 6701

Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

Contact Person: Liliana N. Berti-Mattera, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, RM 4215, Bethesda, MD 20892, 301–827–7609, [email protected].

Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Molecular Hematology.

Date: November 6, 2018. Time: 12:00 p.m. to 2:30 p.m. Agenda: To review and evaluate grant

applications. Place: National Institutes of Health, 6701

Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

Contact Person: Katherine M. Malinda, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4140, MSC 7814, Bethesda, MD 20892, 301–435– 0912, [email protected]. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS)

Dated: October 4, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2018–22089 Filed 10–10–18; 8:45 am]

BILLING CODE 4140–01–P

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG–2017–0894]

RIN 1625–ZA37

Update to the 2016 National Preparedness for Response Exercise Program (PREP) Guidelines; Correction

AGENCY: Coast Guard, DHS. ACTION: Notice.

SUMMARY: On October 2, 2018, the Coast Guard published a notice of availability of the 2016.1 PREP Guidelines. In the DATES section of the Notice of availability, the effective date of the 2016.1 PREP Guidelines is October 1, 2018. However, in Section 1.3, page

1–2, of the 2016.1 PREP Guidelines, the effective date is ‘‘60 days after the date of publication in the Federal Register.’’ The Coast Guard has corrected Section 1.3 of the 2016.1 PREP Guidelines to reflect the effective date is ‘‘October 1, 2018.’’ A corrected version of the 2016.1 PREP Guidelines has been uploaded to the USCG Homeport site at the following link: https://homeport.uscg.mil/missions/incident- management-and-preparedness/ contingency-exercises/port-level- exercises/port-level-exercises-general- information. FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Smith, Office of Marine Environmental Response Policy, U.S. Coast Guard, 202–372–2675. SUPPLEMENTARY INFORMATION: On page 1–2 of the 2016.1 PREP Guidelines, in Section 1.3, the ‘‘Effective Date’’ is corrected to read: ‘‘The 2016.1 PREP Guidelines are effective on October 1, 2018. The PREP Guidelines follow the calendar year (January 1–December 31).’’ A corrected version of the 2016.1 PREP Guidelines has been uploaded to the Coast Guard Homeport site and can be accessed at https://homeport.uscg.mil/missions/incident- management-and-preparedness/ contingency-exercises/port-level- exercises/port-level-exercises-general- information.

Dated: October 4, 2018. Ricardo M. Alonso, Captain, U.S. Coast Guard, Chief, Office of Marine Environmental Response and Policy. [FR Doc. 2018–22214 Filed 10–10–18; 8:45 am]

BILLING CODE 9110–04–P

DEPARTMENT OF HOMELAND SECURITY

Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended

AGENCY: Office of the Secretary, Department of Homeland Security. ACTION: Notice of determination.

SUMMARY: The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border of the United States in Hidalgo County in the State of Texas. DATES: This determination takes effect on October 11, 2018. SUPPLEMENTARY INFORMATION: Important mission requirements of the Department

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of Homeland Security (‘‘DHS’’) include border security and the detection and prevention of illegal entry into the United States. Border security is critical to the nation’s national security. Recognizing the critical importance of border security, Congress has mandated DHS to achieve and maintain operational control of the international land border. Secure Fence Act of 2006, Public Law 109–367, § 2, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 note). Congress defined ‘‘operational control’’ as the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. Id. Consistent with that mandate from Congress, the President’s Executive Order on Border Security and Immigration Enforcement Improvements directed executive departments and agencies to deploy all lawful means to secure the southern border. Executive Order 13767, § 1. In order to achieve that end, the President directed, among other things, that I take immediate steps to prevent all unlawful entries into the United States, including the immediate construction of physical infrastructure to prevent illegal entry. Executive Order 13767, § 4(a).

Congress has provided to the Secretary of Homeland Security a number of authorities necessary to carry out DHS’s border security mission. One of those authorities is found at section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended (‘‘IIRIRA’’). Public Law 104–208, Div. C, 110 Stat. 3009– 546, 3009–554 (Sept. 30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005, Public Law 109–13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public Law 109–367, § 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by the Department of Homeland Security Appropriations Act, 2008, Public Law 110–161, Div. E, Title V, § 564, 121 Stat. 2090 (Dec. 26, 2007). In section 102(a) of IIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. In section 102(b) of IIRIRA, Congress mandated the installation of additional fencing, barriers, roads, lighting, cameras, and sensors on the southwest border. Finally, in section 102(c) of

IIRIRA, Congress granted to the Secretary of Homeland Security the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of IIRIRA.

Determination and Waiver

Section 1

The United States Border Patrol’s Rio Grande Valley Sector is an area of high illegal entry. For the last several years, the Rio Grande Valley Sector has seen more apprehensions of illegal aliens than any other sector of the United States Border Patrol (‘‘Border Patrol’’). For example, in fiscal year 2017 alone, Border Patrol apprehended over 137,000 illegal aliens. In that same year Border Patrol seized approximately 260,000 pounds of marijuana and approximately 1,200 pounds of cocaine.

In order to satisfy the need for additional border infrastructure in the Rio Grande Valley Sector, DHS will take action to construct barriers and roads. DHS will construct barriers and roads within various segments of the border in the Rio Grande Valley Sector. The segments of the border within which such construction will occur are referred to herein as the ‘‘project area’’ and are more specifically described in Section 2 below.

Section 2

I determine that the following areas in the vicinity of the United States border, located in Hidalgo County in the State of Texas, within the United States Border Patrol’s Rio Grande Valley Sector, are areas of high illegal entry (the ‘‘project area’’):

• Starting approximately a quarter mile west of the location where the levee intersects Goodwin/Abram road and running east in proximity to the International Boundary and Water Commission (‘‘IBWC’’) levee to approximately a quarter mile east of Anzalduas Dam Road, a total distance of approximately eight (8) miles.

• Starting at the eastern boundary of the Santa Ana National Wildlife Refuge and running east in proximity to the IBWC levee approximately two and four-tenths (2.4) miles to the western boundary of the Monterrey Banco Tract of the Lower Rio Grande Valley National Wildlife Refuge.

• Starting at the eastern boundary of the Monterrey Banco Tract of the Lower Rio Grande Valley National Wildlife Refuge and running south and east in proximity to the IBWC levee for approximately one and one-half (1.5) miles.

• Starting at the eastern boundary of the La Coma Tract of the Lower Rio Grande Valley National Wildlife Refuge and running east in proximity to the IBWC levee for approximately two and one-half (2.5) miles.

• Starting where South International Boulevard crosses the IBWC levee and running west and east in proximity to the IBWC levee approximately one-half (0.5) of a mile in both directions.

• Starting approximately one-quarter (0.25) of a mile west of the western boundary of the Mercedes Settling Basin and running northeast in proximity to the IBWC levee approximately two and one-half (2.5) miles.

There is presently an acute and immediate need to construct physical barriers and roads in the vicinity of the border of the United States in order to prevent unlawful entries into the United States in the project area. In order to ensure the expeditious construction of the barriers and roads in the project area, I have determined that it is necessary that I exercise the authority that is vested in me by section 102(c) of IIRIRA.

Accordingly, pursuant to section 102(c) of IIRIRA, I hereby waive in their entirety, with respect to the construction of roads and physical barriers (including, but not limited to, accessing the project area, creating and using staging areas, the conduct of earthwork, excavation, fill, and site preparation, and installation and upkeep of physical barriers, roads, supporting elements, drainage, erosion controls, safety features, lighting, cameras, and sensors) in the project area, all of the following statutes, including all federal, state, or other laws, regulations, and legal requirements of, deriving from, or related to the subject of, the following statutes, as amended: The National Environmental Policy Act (Pub. L. 91– 190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.)); the Endangered Species Act (Pub. L. 93–205, 87 Stat. 884 (Dec. 28, 1973) (16 U.S.C. 1531 et seq.)); the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act (33 U.S.C. 1251 et seq.)); the National Historic Preservation Act (Pub. L. 89–665, 80 Stat. 915 (Oct. 15, 1966), as amended, repealed, or replaced by Public Law 113–287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 470 et seq., now codified at 54 U.S.C. 100101 note and 54 U.S.C. 300101 et seq.)); the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.); the Clean Air Act (42 U.S.C. 7401 et seq.); the Archeological Resources Protection Act (Pub. L. 96–95 (16 U.S.C.

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470aa et seq.)); the Paleontological Resources Preservation Act (16 U.S.C. 470aaa et seq.); the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.); the Safe Drinking Water Act (42 U.S.C. 300f et seq.); the Noise Control Act (42 U.S.C. 4901 et seq.); the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.); the Archaeological and Historic Preservation Act (Pub. L. 86–523, as amended, repealed, or replaced by Pub. L. 113–287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 et seq., now codified at 54 U.S.C. 312502 et seq.)); the Antiquities Act (formerly codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. 320301 et seq.); the Historic Sites, Buildings, and Antiquities Act (formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 3201– 320303 & 320101–320106); the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.); the Coastal Zone Management Act (Pub. L. 92–583 (16 U.S.C. 1451, et seq.)); the Federal Land Policy and Management Act (Pub. L. 94–579 (43 U.S.C. 1701 et seq.)); the National Wildlife Refuge System Administration Act (Pub. L. 89–669, 16 U.S.C. 668dd–668ee); National Fish and Wildlife Act of 1956 (Pub. L. 84–1024 (16 U.S.C. 742a, et seq.)); the Fish and Wildlife Coordination Act (Pub. L. 73– 121 (16 U.S.C. 661 et seq.)); the Administrative Procedure Act (5 U.S.C. 551 et seq.); the River and Harbors Act of 1899 (33 U.S.C. 403)); the Eagle Protection Act (16 U.S.C. 668 et seq.); the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and the American Indian Religious Freedom Act (42 U.S.C. 1996).

This waiver does not revoke or supersede the previous waiver published in the Federal Register on April 8, 2008 (73 FR 19077), which shall remain in full force and effect in accordance with its terms. I reserve the authority to execute further waivers from time to time as I may determine to be necessary under section 102 of IIRIRA.

Dated: October 4, 2018.

Kirstjen M. Nielsen, Secretary of Homeland Security. [FR Doc. 2018–22063 Filed 10–10–18; 8:45 am]

BILLING CODE 9111–14–P

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR–5994–N–04]

Operations Notice for the Expansion of the Moving to Work Demonstration Program; Republication and Extension of Comment Period

AGENCY: Office of Public and Indian Housing, HUD. ACTION: Notice.

SUMMARY: HUD is republishing the Operations Notice published in the Federal Register on October 5, 2018, which omitted the Appendix. This Notice includes the Appendix and the public comment period is extended accordingly.

The Public Housing/Section 8 Moving to Work (MTW) demonstration program was first established under Section 204 of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 to provide statutory and regulatory flexibility to participating public housing agencies (PHAs) under three statutory objectives. Those three statutory objectives are: To reduce cost and achieve greater cost effectiveness in Federal expenditures; to give incentives to families with children whose heads of household are either working, seeking work, or are participating in job training, educational or other programs that assist in obtaining employment and becoming economically self-sufficient; and to increase housing choices for low- income families. This Operations Notice for the Expansion of the MTW Demonstration Program (Operations Notice) establishes requirements for the implementation and continued operation of the MTW demonstration program pursuant to the 2016 MTW Expansion Statute. DATES: Comment Due Date: November 26, 2018. ADDRESSES:

Electronic Submission of Comments. HUD strongly encourages interested persons to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. Comments submitted electronically through the www.regulations.gov website can be viewed by other commenters and interested members of the public. Commenters should follow the

instructions provided on that site to submit comments electronically.

Submission of Comments by Mail. Alternatively, interested persons may submit comments regarding this Notice to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 20410–0500. Communications must refer to the above docket number and title.

Note: To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the Notice.

No Facsimile Comments. Facsimile (fax) comments are not acceptable.

Public Inspection of Public Comments. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an appointment to review the public comments must be scheduled in advance by calling the Regulations Division at 202–708–3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the Federal Relay Service at 1–800–877– 8339 (this is a toll-free number). Copies of all comments submitted are available for inspection and downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Marianne Nazzaro, Director, Moving to Work Demonstration Program, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW, Room 4130, Washington, DC 20410; email address [email protected]. SUPPLEMENTARY INFORMATION: This republication of the October 5, 2018 Operations Notice, originally published at 83 FR 50387, includes an Appendix that was omitted.

I. Background

Section 239 of the Fiscal Year 2016 Appropriations Act, Public Law 114– 113 (2016 MTW Expansion Statute), signed by the President in December 2015, authorizes HUD to expand the MTW demonstration program from the current size of 39 agencies to an additional 100 agencies over a period of 7 years. This Notice was originally published on January 23, 2017, in the Federal Register, entitled ‘‘Operations Notice for the Expansion of the Moving to Work Demonstration Program

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SEC. 229. Funds made available in this Act may be used to alter operations within the Civil Engineering Program of the Coast Guard nationwide, including civil engineering units, facilities design and construction centers, maintenance and logistics commands, and the Coast Guard Academy, except that none of the funds provided in this Act may be used to reduce operations within any civil engineering unit unless specifically authorized by a statute enacted after the date of enactment of this Act.

SEC. 230. (a) Of the total amount made available under ‘‘U.S. Customs and Border Protection—Procurement, Construction, and Improvements’’, $2,370,222,000 shall be available only as follows:

(1) $1,375,000,000 is for the construction of primary pedes-trian fencing, including levee pedestrian fencing, in the Rio Grande Valley Sector;

(2) $725,000,000 is for the acquisition and deployment of border security technologies and trade and travel assets and infrastructure, to include $570,000,000 for non-intrusive inspec-tion equipment at ports of entry; and

(3) $270,222,000 is for construction and facility improve-ments, to include $222,000,000 for humanitarian needs, $14,775,000 for Office of Field Operations facilities, and $33,447,000 for Border Patrol station facility improvements. (b) The amounts designated in subsection (a)(1) shall only be

available for operationally effective designs deployed as of the date of the Consolidated Appropriations Act, 2017 (Public Law 115– 31), such as currently deployed steel bollard designs, that prioritize agent safety.

(c) Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the Comp-troller General of the United States an updated risk-based plan for improving security along the borders of the United States that includes the elements required under subsection (a) of section 231 of division F of the Consolidated Appropriations Act, 2018 (Public Law 115–141), which shall be evaluated in accordance with sub-section (b) of such section.

SEC. 231. None of the funds made available by this Act or prior Acts are available for the construction of pedestrian fencing—

(1) within the Santa Ana Wildlife Refuge; (2) within the Bentsen-Rio Grande Valley State Park; (3) within La Lomita Historical park; (4) within the National Butterfly Center; or (5) within or east of the Vista del Mar Ranch tract of

the Lower Rio Grande Valley National Wildlife Refuge. SEC. 232. (a) Prior to use of any funds made available by

this Act for the construction of physical barriers within the city limits of any city or census designated place described in subsection (c), the Department of Homeland Security and the local elected officials of such a city or census designated place shall confer and seek to reach mutual agreement regarding the design and alignment of physical barriers within that city or the census des-ignated place (as the case may be). Such consultations shall continue until September 30, 2019 (or until agreement is reached, if earlier) and may be extended beyond that date by agreement of the parties, and no funds made available in this Act shall be used for such construction while consultations are continuing.