82 FR 43782 - Waiver of Compliance With Navigation Laws; Hurricanes Harvey and Irma
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary Federal Register Volume 82, Issue 180 (September 19, 2017)
Office of the Secretary
Federal Register Volume 82, Issue 180 (September 19, 2017)
| Page Range | 43782-43782 | |
| FR Document | 2017-19902 |
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)] [Notices] [Page 43782] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19902] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Waiver of Compliance With Navigation Laws; Hurricanes Harvey and Irma AGENCY: Office of the Secretary, Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- On September 8, 2017, I issued a limited waiver of the Jones Act upon the recommendation of the Department of Energy and at the request of the Department of Defense.\1\ Hurricane Harvey striking the U.S. Gulf Coast has resulted in severe disruptions in both the midstream and downstream sectors of the oil supply system. Some refineries and pipeline networks are shut-in or running at reduced rates. Thus, conditions exist for a continued shortage of energy supply in areas predicted to be affected by Hurricane Irma. In light of this, the Department of Energy has recommended that the Department of Homeland Security waive the requirements of the Jones Act in the interest of national defense to facilitate the transportation of the necessary volume of petroleum products through September 22, 2017. Furthermore, the Department of Defense has requested a waiver of the Jones Act in the interest of national defense through September 22, 2017, commencing immediately. --------------------------------------------------------------------------- \1\ Published in the Federal Register at 82 FR 43248 (Sept. 14, 2017). --------------------------------------------------------------------------- The Jones Act, 46 United States Code (U.S.C.) 55102, states that a vessel may not provide any part of the transportation of merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either directly or via a foreign port unless the vessel was built in and documented under the laws of the United States and is wholly owned by persons who are citizens of the United States. Such a vessel, after obtaining a coastwise endorsement from the U.S. Coast Guard, is ``coastwise-qualified.'' The coastwise laws generally apply to points in the territorial sea, which is defined as the belt, three nautical miles wide, seaward of the territorial sea baseline, and to points located in internal waters, landward of the territorial sea baseline. The navigation laws, including the coastwise laws, can be waived under the authority provided by 46 U.S.C. 501. The statute provides in relevant part that on request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense. 46 U.S.C. 501(a). For the reasons stated above, and in light of the request from the Department of Defense and the concurrence of the Department of Energy, I am exercising my authority to waive the Jones Act through September 22, 2017, commencing immediately, to facilitate movement of refined petroleum products, including gasoline, diesel, and jet fuel, to be shipped from New York, New Jersey, Delaware, Maryland, Pennsylvania, New Mexico, Texas, Louisiana, Mississippi, Alabama, and Arkansas to Florida, Georgia, South Carolina, North Carolina, Virginia, West Virginia, and Puerto Rico. This waiver applies to covered merchandise laded on board a vessel through and including September 22, 2017. Executed this 12th day of September, 2017. Elaine C. Duke, Acting Secretary of Homeland Security. [FR Doc. 2017-19902 Filed 9-18-17; 8:45 am] BILLING CODE 9111-14-P
![43782 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices
Dated: September 11, 2017. located in internal waters, landward of systems, provide plans to discontinue
Ira S. Reese, the territorial sea baseline. use of Kaspersky-branded products,
Executive Director, Laboratories and The navigation laws, including the and, at 90 calendar days after issuance
Scientific Services Directorate. coastwise laws, can be waived under the of the directive, unless directed
[FR Doc. 2017–19863 Filed 9–18–17; 8:45 am] authority provided by 46 U.S.C. 501. otherwise by DHS in light of new
BILLING CODE 9111–14–P
The statute provides in relevant part information, begin to remove Kaspersky-
that on request of the Secretary of branded products. DHS is also
Defense, the head of an agency establishing procedures, which are
DEPARTMENT OF HOMELAND responsible for the administration of the detailed in this notice, to give entities
SECURITY navigation or vessel-inspection laws whose commercial interests are directly
shall waive compliance with those laws impacted by this binding operational
Office of the Secretary to the extent the Secretary considers directive the opportunity to respond,
necessary in the interest of national provide additional information, and
Waiver of Compliance With Navigation defense. 46 U.S.C. 501(a). initiate a review by DHS.
Laws; Hurricanes Harvey and Irma For the reasons stated above, and in DATES: Binding Operational Directive
light of the request from the Department 17–01 was issued on September 13,
AGENCY: Office of the Secretary, of Defense and the concurrence of the
Department of Homeland Security. 2017. DHS must receive responses from
Department of Energy, I am exercising impacted entities on or before
ACTION: Notice. my authority to waive the Jones Act November 3, 2017.
through September 22, 2017, ADDRESSES: Submit electronic responses
On September 8, 2017, I issued a commencing immediately, to facilitate
limited waiver of the Jones Act upon the to Binding Operational Directive 17–01,
movement of refined petroleum along with any additional information
recommendation of the Department of products, including gasoline, diesel, and
Energy and at the request of the or evidence, to BOD.Feedback@
jet fuel, to be shipped from New York, hq.dhs.gov.
Department of Defense.1 Hurricane New Jersey, Delaware, Maryland,
Harvey striking the U.S. Gulf Coast has Pennsylvania, New Mexico, Texas, SUPPLEMENTARY INFORMATION: The
resulted in severe disruptions in both Louisiana, Mississippi, Alabama, and Department of Homeland Security
the midstream and downstream sectors Arkansas to Florida, Georgia, South (‘‘DHS’’ or ‘‘the Department’’) has the
of the oil supply system. Some Carolina, North Carolina, Virginia, West statutory responsibility, in consultation
refineries and pipeline networks are Virginia, and Puerto Rico. This waiver with the Office of Management and
shut-in or running at reduced rates. applies to covered merchandise laded Budget, to administer the
Thus, conditions exist for a continued on board a vessel through and including implementation of agency information
shortage of energy supply in areas September 22, 2017. security policies and practices for
predicted to be affected by Hurricane Executed this 12th day of September, information systems, which includes
Irma. In light of this, the Department of 2017. assisting agencies and providing certain
Energy has recommended that the government-wide protections. 44 U.S.C.
Department of Homeland Security Elaine C. Duke, 3553(b). As part of that responsibility,
waive the requirements of the Jones Act Acting Secretary of Homeland Security. the Department is authorized to
in the interest of national defense to [FR Doc. 2017–19902 Filed 9–18–17; 8:45 am] ‘‘develop[ ] and oversee[ ] the
facilitate the transportation of the BILLING CODE 9111–14–P implementation of binding operational
necessary volume of petroleum products directives to agencies to implement the
through September 22, 2017. policies, principles, standards, and
Furthermore, the Department of Defense DEPARTMENT OF HOMELAND guidance developed by the Director [of
has requested a waiver of the Jones Act SECURITY the Office of Management and Budget]
in the interest of national defense and [certain] requirements of [the
through September 22, 2017, National Protection and Programs
Federal Information Security
commencing immediately. Directorate; Notification of Issuance of
Modernization Act of 2014.]’’ 44 U.S.C.
The Jones Act, 46 United States Code Binding Operational Directive 17–01
3553(b)(2). A binding operational
(U.S.C.) 55102, states that a vessel may and Establishment of Procedures for
directive (‘‘BOD’’) is ‘‘a compulsory
not provide any part of the Responses
direction to an agency that (A) is for
transportation of merchandise by water, AGENCY: National Protection and purposes of safeguarding Federal
or by land and water, between points in Programs Directorate, DHS. information and information systems
the United States to which the coastwise ACTION: Issuance of binding operational from a known or reasonably suspected
laws apply, either directly or via a directive; procedures for responses; information security threat,
foreign port unless the vessel was built notice of availability. vulnerability, or risk; [and] (B) [is] in
in and documented under the laws of accordance with policies, principles,
the United States and is wholly owned SUMMARY: In order to safeguard Federal standards, and guidelines issued by the
by persons who are citizens of the information and information systems, Director[.]’’ 44 U.S.C. 3552(b)(1).
United States. Such a vessel, after DHS has issued a binding operational Agencies are required to comply with
obtaining a coastwise endorsement from directive to all Federal, executive these directives. 44 U.S.C.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
the U.S. Coast Guard, is ‘‘coastwise- branch departments and agencies 3554(a)(1)(B)(ii).
qualified.’’ The coastwise laws generally relating to information security
apply to points in the territorial sea, products, solutions, and services Overview of BOD 17–01
which is defined as the belt, three supplied, directly or indirectly, by AO In carrying out this statutory
nautical miles wide, seaward of the Kaspersky Lab or affiliated companies. responsibility, the Department issued
territorial sea baseline, and to points The binding operational directive BOD 17–01, titled ‘‘Removal of
requires agencies to identify Kaspersky- Kaspersky-Branded Products.’’ The text
1 Published in the Federal Register at 82 FR branded products (as defined in the of BOD 17–01 is reproduced in the next
43248 (Sept. 14, 2017). directive) on Federal information section of this document.
VerDate Sep<11>2014 17:12 Sep 18, 2017 Jkt 241001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1](https://thefederalregister.org/doc/82_FR_43962/page/1.svg)
Document Created: 2018-10-24 14:17:57
Document Modified: 2018-10-24 14:17:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| FR Citation | 82 FR 43782 |
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