Category Archives: Other Agency Matters

Regulatory Calendar, July 19

REGULATORY CALENDAR

 

UNITED STATES COAST GUARD

Proposed Rulemakings

None

Final Rulemakings

*June 28, 2019             The final rule makes non-substantive technical, organizational, and conforming amendments to existing Coast Guard regulations. This rule will have no substantive effect on the regulated public. 84 FR 30870, (June 28, 2019), (USCG-2018-0874).

July 22, 2019                The Coast Guard is revising its merchant mariner credentialing regulations to remove obsolete portions of the radar observer requirements and harmonize the radar observer endorsement with the merchant mariner credential. These revisions will reduce an unnecessary financial burden on mariners required to hold a radar observer endorsement. This rule will affect mariners who have served on radar-equipped vessels, in a position that routinely user radar for 1 year in the previous 5 years for navigation and collision avoidance purposes, and mariners who have taught a Coast Guard-approved or accepted radar course a least twice within the past 5 years. These mariners will no longer be required to complete a Coast Guard approved or accepted radar refresher or recertification course in order to renew their radar observer endorsements. The Coast Guard is retaining the existing requirements for mariners seeking an original radar observer endorsement and for mariners who do not have 1 year of routine relevant sea service on board radar-equipped vessels in the previous 5 years or have not taught a Coast Guard-approved or accepted radar course at least twice within the past 5 years. This final rule adopts, with modification, the notice of proposed rulemaking published on June 11, 2018. 84 FR 26580, (June 7, 2019), (USCG-2018-0100).

Agency Notices

*July 24, 2019              In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard is forwarding the Information Collection Request entitled “Vessel Documentation” to the Office of Management and Budget, Office of Information and Regulatory Affairs, requesting an extension of their approval for the ICR. Comments accepted. 84 FR 29531, (June 24, 2019), (USCG-2019-0248).

*July 24, 2019              In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard is forwarding the Information Collection Request entitled “Oil Record Book for Ships” to the Office of Management and Budget, Office of Information and Regulatory Affairs, requesting approval for reinstatement, without change to the ICR. Comments accepted. 84 FR 29532, (June 24, 2019), (USCG-2019-0252).

*July 24, 2019              In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard is forwarding the Information Collection Request entitled “Various International Agreement Pollution Prevention Certificates and Documents, and Equivalency Certificates” to the Office of Management and Budget, Office of Information and Regulatory Affairs, requesting an extension of their approval for the ICR. Comments accepted. 84 FR 29533, (June 24, 2019), (USCG-2019-0247).

July 29, 2019                In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit the Information Collection Request entitled “Claims under the Oil Pollution Act of 1990” to the Office of Management and Budget, Office of Information and Regulatory Affairs, requesting an extension of their approval for the ICR. Comments accepted. 84 FR 24531, (May 28, 2019), (USCG-2019-0261).

*August 12, 2019         In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard is forwarding an Information Collection Request entitled “Regulated Navigation Area’ Reporting Requirements for Barges Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth Coast Guard District and the Illinois Waterway, Ninth Coast Guard District” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting an extension of their approval. Comments accepted. 84 FR 33273, (July 12, 2019), (USCG-2019-0264).

*August 12, 2019         In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard is forwarding an Information Collection Request entitled “Barges Carrying Bulk Hazardous Materials” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting an extension of their approval. Comments accepted. 84 FR 33274, (July 12, 2019), (USCG-2019-0257).

*August 12, 2019         In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard is forwarding an Information Collection Request entitled “Certificates of Financial Responsibility under the Oil Pollution Act of 1990” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting approval for reinstatement, without change to the ICR. Comments accepted. 84 FR 33275, (July 12, 2019), (USCG-2019-0259).

*August 12, 2019         In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard is forwarding an Information Collection Request entitled “Offshore Supply Vessels—Title 46 CFR subchapter L” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting an extension of their approval. Comments accepted. 84 FR 33276, (July 12, 2019), (USCG-2019-0256).

*August 15, 2019         In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard is forwarding an Information Collection Request entitled “Vessel Reporting Requirements” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting an extension of their approval for reinstatement, without change to the ICR. Comments accepted. 84 FR 33957, (July 16, 2019), (USCG-2019-0258).

September 1, 2019       In order to provide safe access routes for the movement of vessel traffic along the Arctic Coast of the United States for vessels proceeding to or from ports or places of the United States and transiting within the United States Exclusive Economic Zone (EEZ), the Coast Guard is conducting an Alaskan Arctic Coast Port Access Route Study (AACPARS) to evaluate the need for establishing vessel routing measures. The information gathered during this AACPARS may result in the establishment of one or more vessel routing measures. The goal of the AACPARS is to enhance navigation safety by examining existing shipping routes and waterway uses, and, to the extent practicable, reconciling the paramount right of navigation with other reasonable waterway uses. The recommendations of the study may lead to future rulemaking action or appropriate international agreements. Comments accepted. 83 FR 65701, (December 21, 2018), (USCG-2018-

Meetings

*July 26, 2019              The Coast Guard will hold two public meetings to receive comments regarding the safe navigation and mooring of liquefied natural gas carriers through the San Juan Harbor, San Juan PR. The public meetings will be held from 1:00 p.m. to 3:00 p.m. and from 5:00 p.m. to 7:00 p.m. to provide an opportunity for verbal comments. The meetings will be held at the Sheraton Puerto Rico Hotel and Casino, 200 Convention Boulevard, San Juan, PR. 84 FR 34323, (July 18, 2019), (USCG-2019-0460).

 

MARITIME ADMINISTRATION

Proposed Rulemakings

None

Final Rulemakings

None

Agency Notices

*July 25, 2019              In compliance with the Paperwork Reduction Act of 1995, the notice announces that the Information Collection Request entitled “Request for Transfer of Ownership, Registry, and Flag, or Charter, Lease, or Mortgage of U.S.-Citizen Owned Documented Vessels” is being forwarded to the Office of Management and Budget for review and comment. Comments accepted. 84 FR 29930, (June 25, 2019), (MARAD-2019-0106).

*August 8, 2019           In compliance with the Paperwork Reduction Act of 1995, the notice announces that the Information Collection Request entitled “Determination of Fair and Reasonable Rates for the Carriage of Agricultural Cargoes on U.S. Commercial Vessels—46 CFR” is being forwarded to the Office of Management and Budget for review and comment. Comments accepted. 84 32827, (July 9, 2019), (MARAD-2019-0113).

August 12, 2019           The Department of Transportation (DOT) invites public comment about their intention to request the Office of Management and Budget approval for an Information Collection entitled “Report of Ocean Shipments Moving Under the Cargo Preference Act of 1954—Bill of Lading—46 CFR part 381.” The collection involves ocean carrier bill of lading information that will be used to ensure proper and timely shipment of government impelled cargoes, and to ensure compliance with cargo preference statutes. Aggregate data will be used for statistical purposes. Comments accepted. 84 FR 27391, (June 12, 2019), (DOT-MARAD-2019-0087).

August 15, 2019           The Consolidated Appropriations Act, 2019, appropriated $7,000,000 to the Short Sea Transportation Program, commonly referred to as the America’s Marine Highway Program (AMHP). The purpose of the appropriation is to make grants available to previously designated Marine Highway Projects that support the development and expansion of documented vessels, or port and landside infrastructure. This Notice announces the availability of funding for grants and establishes selection criteria and application requirements. The U.S. Department of Transportation will award Marine Highway Grants to implement projects or components of projects previously designated by the Secretary of Transportation under AMHP. Only Marine Highway Projects the Secretary designated before the Notice of Funding Opportunity closing date are eligible for funding as described within the Notice. Applications accepted. 84 FR 27838, (June 14, 2019).

*September 9, 2019     The Maritime Administration invites public comments on their intention to request the Office of Management and Budget approval of an Information Collection Request entitled “Exercise Breakout 2019 Survey.” Comments accepted. 84 FR 32829, (July 9, 2019), (MARAD-2019-0112).

*September 17, 2019   The notice provides interested parties with the opportunity to comment on the Maritime Administration’s new program designating eligible and qualified training entities as Centers of Excellence for Domestic Maritime Workforce Training and Education (CoE). The National Defense Authorization Act of 2018, provided the Secretary of Transportation with the discretionary authority to designate eligible and qualified entities as CoEs. CoE designations will serve to assist the maritime industry in obtaining and maintaining the highest quality workforce. On May 31, 2018, MARAD published a notice in the Federal Register seeking public comment regarding the development of a guide for applicants seeking CoE designation. MARAD received a total of eighteen comments which have been considered and are examined in the SUPPLEMENTARY INFORMATION section contained within the notice. Now, MARAD is proposing to implement a voluntary program to identify and recommend qualified training providers for CoE designation. Comments accepted. 84 FR 34994, (July 19, 2019), (MARAD-2018-0088).

Meetings

None

OTHER AGENCY MATTERS

Agency for International Development

August 13, 2019           Agency Notice (Proposed Rulemaking) – The U.S. Agency for International Development (USAID) proposes to amend the Agency for International Development Acquisition Regulation to allow for the designation of U.S. Personal Services Contractors and Cooperating Country National Personal Services Contractors as contracting officers and agreement officers. The proposed revisions will address a shortage of U.S. direct-hire staff by delegating the proposed authorities to qualified US and CCN PSCs. The delegation of limited contracting/agreement officer authorities to a select number of CCN PSCs will also bolster the Agency to succeed in terms of building long-term, host country technical capacity to materially assist the Missions with procurement responsibility. Comments accepted. 84 FR 27745, (June 14, 2019).

Corps of Engineers

August 27, 2019           Agency Notice – Section 7001 of Water Resources Reform and Development Act (WRRDA) 2014, as amended, requires that the Secretary of the Army annually submit to the Congress a report (Annual Report) that identifies feasibility reports, proposed feasibility studies submitted by non-Federal interests, proposed modifications to authorized water resources development projects or feasibility studies, and proposed modifications to environmental infrastructure program authorities that meet certain criteria. The Annual Report is to be based, in part, upon requests for proposals submitted by non-Federal interests. Proposals accepted. 84 FR 18009, (April 29, 2019).

Defense Department

*September 10, 2019   Agency Notice (Proposed Rule) – The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) are proposing to amend the Federal Acquisition Regulation (FAR) to require electronic submission of the DD Form 254, Contract Security Classification Specification. Comments accepted. 84 FR 33201, (July 12, 2019), (FAR Case 2015-002; Docket No. 2015-0002, Sequence No. 1).

Labor Department

July 29, 2019                Agency Notice – The Department of Labor is submitting the Occupational Safety and Health Administration sponsored information collection request titled, “Personal Protective Equipment for Shipyard Employment” to the Office of Management and Budget for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995. Comments accepted. 84 FR 31117, (June 28, 2019).

*    — DENOTES NEW LISTING

Other Agency Matters

Other Agency Matters

CORPS OF ENGINEERING

November 26, 2018  Agency Notice – The U.S. Army Corps of Engineers (USACE), Rock Island and Chicago Districts, have developed “the Great Lakes and Mississippi River Interbasin Study (GLMRIS)—Brandon Road Integrated Feasibility Study and Environmental Impact Statement (EIS)—Will County, Illinois,” (Final GLMRIS-Brandon Road Report & EIS). The Final GLMRIS-Brandon Road Report & EIS presents a plan that could prevent aquatic nuisance species (ANS) transfer from the Mississippi River Basin to the Great Lakes Basin through an aquatic connection in the Chicago Area Waterway System. The purpose of the Study was to evaluate structural and nonstructural options and technologies near the Brandon Road Lock and Dam to prevent the upstream transfer of ANS while minimizing impacts to existing waterways uses and users. USACE analyzed and evaluated available controls to address ANS of concern and formulated alternatives specifically for the Brandon Road site. 83 FR 60412, (November 26, 2018).

CUSTOMS AND BORDER PROTECTION

November 29, 2018  Agency Notice (Final Rule) – The document amends the U.S. Customs and Border Protection (CBP) regulations to update provisions relating to the declaration, entry and dutiable status of repair expenditures made abroad for certain vessels to reflect the port of New Orleans, Louisiana as the only Vessel Repair Unit (VRU) location. The amendment will improve the efficiency of vessel repair entry processing, ensure the proper assessment and collection of duties, and make the regulations more transparent. 83 FR 61318, (November 29, 2018).

 December 14, 2018  Agency Notice – The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the ICR entitled “Visa Waiver Program Carrier Agreement” to the Office of Management and Budget for review and approval in accordance with the Paperwork Reduction Act of 1995. Comments accepted. 83 FR 56860, (November 14, 2018).

December 14, 2018  Agency Notice – The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the ICR entitled “Passenger List/Crew List” to the Office of Management and Budget for review and approval in accordance with the Paperwork Reduction Act of 1995. Comments accepted. 83 FR 56861, (November 14, 2018).

 January 22, 2019  Agency Notice – The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the ICR entitled “Vessel Entrance or Clearance Statement” to the Office Management and Budget for review and approval in accordance with the Paperwork Reduction Act of 1995. Comments accepted. 83 FR 58589, (November 20, 2018).

ENERGY DEPARTMENT

December 28, 2018  Agency Notice – The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application (Application), filed on September 27, 2018, by Energia Costa Azul S. de R.L. de C.V (Energia Costa Azul), a subsidiary of Infrastructura Energetica Nova, S.A.B. de C.V. (IEnova) and IEnova’s subsidiaries. The Application requests long-term, multi-contract authorization to export domestically produced natural gas to Mexico in a volume up to 545 billion cub feet per year, and to re-export a portion of this natural gas as liquefied natural gas in a volume equivalent to 475 Bcf/yr of natural gas (1.3 Bcf per day). Comments accepted. 83 FR 54337, (October 29, 2018), (FE Docket No. 18-145-LNG).

FEDERAL ENERGY REGULATORY COMMISSION

December 3, 2018   Agency Notice – The staff of the Federal Energy Regulatory Commission (FERC) has prepared an Environmental Assessment (EA) for the Freeport LNG Train 4 Project (Project). Freeport LNG Development, L.P. and FLNG Liquefaction 4, LLC (Freeport LNG), request authorization (FERC Docket No. CP17-470-000) to site, construct, and operate pipeline, natural gas liquefaction and export facilities near Freeport in Brazoria County, Texas. The Project would be constructed as an expansion of Freeport LNG’s existing Quintana Island Terminal (Terminal), as well as associated pretreatment and pipeline facilities, for the purpose of liquefying domestic natural gas for export. Comments accepted. Comments accepted. 83 FR 55880, (November 8, 2018), (Docket No. CP17-470-000).

December 3, 2018   Agency Notice – The staff of the Federal Energy Regulatory Commission (FERC) has prepared a draft environmental impact statement (EIS) for the Rio Grande LNG Project (Project) proposed by Rio Grande LNG, LLC (RG LNG) and Rio Bravo Pipeline Company, LLC (RB Pipeline) (collectively referred to as the RG Developers) in the above-referenced dockets. RG LNG requests authorization pursuant to section 3(a) of the Natural Gas Act (NGA) to construct and operate liquefied natural gas (LNG) export facilities in Cameron County, Texas, and RB Pipeline requests a Certificate of Public Convenience and Necessity pursuant to section 7(c) of the NGA to construct, operate, and maintain a new pipeline system in Jim Wells, Kleberg, Kenedy, Willacy, and Cameron Counties, Texas. The draft EIS assesses the potential environmental effects of the construction and operation of the Project in accordance with the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that construction and operation of the Rio Grande LNG Project would result in some adverse environmental impacts, but these impacts would be reduced to less than significant levels. However, the Rio Grande LNG Project, combined with other projects within the geographic scope, would result in certain significant cumulative impacts. Three public comments sessions will be held. Comments accepted. 83 FR 52828, (October 18, 2018), (Docket Nos. CP16-454-000).

December 17, 2018   Agency Notice – The staff of the Federal Energy Regulatory Commission (FERC) has prepared a draft environmental impact statement (EIS) for the Texas LNG Project, proposed by Texas LNG Brownsville, LLC (Texas LNG) in the docket. Texas LNG requests authorization to site, construct, modify, and operate liquefied natural gas (LNG) export facilities on the Brownsville Ship Channel in Cameron Country, Texas. The Texas LNG Project would include a new LNG export terminal capable of producing up to 4 million tonnes per annum of LNG for export. The terminal would receive natural gas to the export facilities from a third-party intrastate pipeline. Comments accepted. 83 FR 55156, (November 2, 2018), (Docket No. CP16-116-000).

January 7, 2019  Agency Notice – The staff of the Federal Energy Regulatory Commission (FERC) has prepared a draft environmental impact statement (EIS) for the Plaquemines LNG and Gator Express Pipelines Project, proposed by Venture Global Plaquemines LNG, LLC and Venture Global Gator Express, LLC (collectively Venture Global). Venture Global requests authorization to construct and operate a new LNG export terminal and associated facilities along the west bank of the Mississippi River in Plaquemines Parish, Louisiana (LNG Terminal) and to construct and operate two new 42-inch-diameter natural gas pipeline laterals that would connect to the LNG Terminal. The new liquefaction facilities would have a design production capacity of 20 million metric tons of liquefied natural gas (LNG) per annum. Comments accepted. 83 FR 58558, (November 20, 2018), (Docket No. CP17-66-000; CP17-67-000).

January 7, 2019 Agency Notice – The staff of the Federal Energy Regulatory Commission (FERC) has prepared a draft environmental impact statement (EIS) for the Gulf LNG Liquefaction Project, proposed by Gulf LNG Liquefaction Company, LLC; Gulf LNG Energy, LLC; and Gulf LNG Pipeline, LLC, collectively (Gulf LNG). Gulf LNG requests authorization pursuant to sections 3(a) and 7 of the Natural Gas Act (NGA) to construct and operate onshore liquefied natural gas (LNG) liquefaction and associated facilities to allow export of LNG, and to construct, own, operate, and maintain new interconnection and metering facilities for the existing Gulf LNG Pipeline in Jackson County, Mississippi. The proposed actions are referred to as the Gulf LNG Liquefaction Project (Project) and consist of the Gulf LNG Terminal Expansion (Terminal Expansion) and the GLP Pipeline Modifications. Comments accepted. 83 FR 59375, (November 23, 2018), (Docket No. CP15-521-000).

January 7, 2019  Agency Notice – The staff of the Federal Energy Regulatory Commission (FERC) has prepared a draft environmental impact statement (EIS) for the Jacksonville Project, proposed by Eagle LNG Partners Jacksonville, LLC (Eagle LNG). Eagle LNG requests authorization to construct and operate a liquefied natural gas (LNG) facility on the north bank of the St. Johns River in Jacksonville, Florida. Eagle LNG’s Jacksonville Project would consist of an LNG terminal on about 81.1 acres of a 193.4-acre parcel of land and would produce a nominal capacity of about 1.0 million (metric) tonnes per annum (MTPA) of LNG. The LNG terminal would receive natural gas from a new 120-foot-long non-jurisdictional natural gas pipeline constructed by Peoples Gas’ (a subsidiary of TECO Energy, Inc.), connected to its existing local gas distribution transmission pipeline, which is immediately adjacent to the proposed terminal site. Comments accepted. 83 FR 60414, (November 26, 2018), (CP17-41-000).

HEALTH AND HUMAN SERVICES DEPARTMENT

January 16, 2019   Agency Notice (Meeting) – The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS), announces the 2019 Vessel Sanitation Program (VSP) public meeting. The meeting serves as a forum for HHS/CDC to present clarifications to the 2018 VSP Operations Manual and Construction Guidelines and the proposed fee schedule for fiscal year 2020. HHS/CDC is also opening a public docket so that additional comments and materials may be submitted. The official record of the meeting will remain open through February 22, 2019, so that materials or additional comments related to the matters discussed at the meeting may be submitted and made part of the record. The meeting will be held from 9:00 a.m. to 4:00 p.m. in the Ballroom at the DoubleTree Grand Hotel Biscayne Bay, 1717 North Bayshore Drive, Miami, FL. 83 FR 54754, (October 31, 2019), (Docket No. CDC-2018-0101).

February 22, 2019    Agency Notice – The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS), announces the 2019 Vessel Sanitation Program (VSP) public meeting. The meeting serves as a forum for HHS/CDC to present clarifications to the 2018 VSP Operations Manual and Construction Guidelines and the proposed fee schedule for fiscal year 2020. HHS/CDC is also opening a public docket so that additional comments and materials may be submitted. The official record of the meeting will remain open through February 22, 2019, so that materials or additional comments related to the matters discussed at the meeting may be submitted and made part of the record. Comments accepted. 83 FR 54754, (October 31, 2019), (Docket No. CDC-2018-0101).

HOMELAND SECURITY DEPARTMENT

November 16, 2018  Agency Notice – The regulatory agenda is a semiannual summary of project regulations, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components. The agenda provides the public with information about DHS’s regulatory and deregulatory activity. DHS expects that this information will enable the public to be more aware of, and effectively participate in, the Department’s regulatory and deregulatory activity. 83 FR 58032,

OCCUPATIONAL HEALTH AND SAFETY ADMINISTRATION

December 10, 2018 Agency Notice – OSHA is inviting interested persons to submit nominations for membership on the Maritime Advisory Committee for Occupational Safety and Health. Nominations accepted. 83 FR 54147, (October 26, 2018), (OSHA-2017-0004).

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

December 10, 2018   Agency Notice (Meeting) – On October 16, 2018, the United States Trade Representative notified Congress of the Administration’s intention to enter into negotiations with Japan for a U.S.-Japan Trade Agreement. The aim in negotiations with Japan is to address both tariff and non-tariff barriers and to achieve fairer, more balanced trade. In addition to seeking comments the United States Trade Representative (USTR) will hold a public hearing at 9:30 a.m. in the main hearing room of the U.S. International Trade Commission, 500 E Street SW, Washington, DC. 83 FR 54164, (October 26, 2018), (USTR-2018-0034).

PRESIDENTIAL DOCUMENTS

November 13, 2018  Agency Notice – The President issued a Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Defense[,] the Secretary of Commerce[, and] the Director of National Intelligence stating “By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of the Treasury, the Secretary of Defense, the Secretary of Commerce, and the Director of National Intelligence, the authority to submit to the Congress the certification required by section 1244 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232). The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.” 83 FR 56697, (November 13, 2018).