Category Archives: Other Agency Matters

Regulatory Calendar

 

REGULATORY CALENDAR

 

 

 

UNITED STATES COAST GUARD

Proposed Rulemakings

None

Final Rulemakings

*June 10, 2019             In accordance with the Great Lakes Pilotage Act of 1960, the Coast Guard is establishing new base pilotage rates and surcharges for the 2019 shipping season. This rule will adjust the pilotage rates to account for a rolling ten-year average for traffic, and result in an increase in pilotage rates due to an adjustment for anticipated inflation, changes in operating expenses, surcharges for applicant pilots, and an addition of two pilots. 84 FR 20551, (May 10, 2019), (USCG-2018-0665).

*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 2, 2019                  In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit the 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 its approval for the ICR. Comments accepted. 84 FR 19092, (May 3, 2019), (USCG-2019-0257).

July 2, 2019                  In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit the 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 19093, (May 3, 2019), (USCG-2019-0259).

July 2, 2019                  In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit the 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 its approval to the ICR. Comments accepted. 84 FR 19094, (May 3, 2019), (USCG-2019-0256).

July 2, 2019                  In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit the Information Collection Request entitled “Declaration of Inspection Before Transfer of Liquid Cargo in Bulk” 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 19095, (May 3, 2019), (USCG-2019-0038).

July 2, 2019                  In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit the Information Collection Request entitled “Vessel Reporting Requirements” 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 19096, (May 3, 2019), (USCG-2019-0258).

*July 9, 2019                In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit the 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 its approval for the ICR. Comments accepted. 84 FR 20645, (May 10, 2019), (USCG-2019-0264).

*July 12, 2019              In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit the Information Collection Request entitled “Security Plans for Ports, Vessels, Facilities, and Other Continental Shelf Facilities and Other Security-Related Requirements” to the Office of Management and Budget, Office of Information and Regulatory Affairs, requesting an extension of its approval for the ICR. Comments accepted. 84 FR 20902, (May 13, 2019), (USCG-2019-0263).

*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 its approval for the ICR. Comments accepted. 84 FR 24531, (May 28, 2019), (USCG-2019-0261).

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-2018-1058).

 

Meetings

*June 20, 2019             The United States Coast Guard will conduct an open meeting in preparation of the upcoming sixty-ninth session of the IMO Council to be held at the IMO Headquarters, United Kingdom, June 25-27, 2019. The meeting will begin at 10:30 a.m. and will be held in Room 5L18-01 of the Douglas A. Munro Coast Guard Headquarters Building at St. Elizabeth’s, 2703 Martin Luther King Jr. Avenue, SE, Washington, DC. 84 FR 26692, (June 7, 2019), (USCG-2019-0351).

 

MARITIME ADMINISTRATION

Proposed Rulemakings

July 1, 2019                  The Maritime Administration (MARAD) is publishing a notice to solicit public comment on steps MARAD could take to simplify and/or modernize the process for evidencing United States citizenship of corporations and other entities participating in MARAD programs. To be eligible to participate in various MARAD programs and activities, applicants and interested parties must demonstrate at least a majority of ownership and control by United States citizens at each tier of ownership. MARAD is not considering any changes to that standard, but to the types of documents or evidence applicants provide to MARAD. Comments accepted. 84 FR 18468, (May 1, 2019), (MARAD-2019-0069).

Final Rulemakings

None

Agency Notices

May 30, 2019                In compliance with the Paperwork Reduction Act of 1995, the notice announces that the Information Collection Request entitled “Application for Conveyance of Port Facility Property, formerly, Port Facility Conveyance Information” is being forwarded to the Office of Management and Budget for review and comment. Comments accepted. 84 FR 18339, (April 30, 2019), (MARAD-2019-0061).

June 28, 2019               The Maritime Administration (MARAD) invites public comments on their intention to request the Office of Management and Budget approval to renew the information collection entitled “Determination of Fair and Reasonable Rates for Carriage of Agriculture Cargoes on U.S.-Commercial Vessels—46 CFR”. The information to be collected will be used by the Maritime Administration in determining fair and reasonable guideline rates for the carriage of preference cargoes on U.S.-flag vessels. In addition, U.S.-flag vessel operators are required to submit Post Voyage Reports to the Maritime Administration after completion of a cargo preference voyage. Comments accepted. 84 FR 18111, (April 29, 2019), (MARAD-2019-0062).

*July 8, 2019                In compliance with the Paperwork Reduction Act of 1995, the notice announces that the Information Collection Request entitled “Requirements for Establishing U.S. Citizenship—46 CFR 355” is being forwarded to the Office of Management and Budget for review and comment. Comments accepted. 84 FR 26504, (June 6, 2019), (MARAD-2019-0096).

 

Meetings

*June 18-19, 2019        The Maritime Administration announces a public meeting of the U.S. Maritime Transportation System National Advisory Committee (MTSNAC) to discuss advice and recommendations for the U.S. Department of Transportation on issues related to the marine transportation system. The meeting will be held on Tuesday, June 18th from 9:00 a.m. to 4:00 p.m. and Wednesday, June 19th from 9:00 a.m. to 12:30 p.m. at the DOT Conference Center at the U.S. Department of Transportation Headquarters, 1200 New Jersey Avenue, SE, Washington, DC. 84 FR 25334, (May 31, 2019).

 

OTHER AGENCY MATTERS

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).

 

Export-Import Bank

*June 21, 2019             Agency Notice – Pursuant to the Charter of the Export-Import Bank of the United States, the notice is to inform the public that the Export-Import Bank of the United States has received an application for a $1.85 billion direct loan to support the export of approximately $1.8 billion in U.S. equipment and services to establish an integrated liquefied natural gas, or LNG, project in Mozambique. The U.S. exports will enable the facility to produce approximately 15.2 million metric tonnes per year of liquefied natural gas. Comments accepted. 84 FR 26675, (June 7, 2019).

Saint Lawrence Seaway Development Corporation

*May 8, 2019                Agency Notice (Meeting) – The Saint Lawrence Seaway Development Corporation announces a public meeting via conference call of the Saint Lawrence Seaway Development Corporation Advisory Board. The conference call will be held from 2:00 p.m. – 4:00 p.m. at the SLSDC’s Headquarters, 55 M Street SE, Suite 930, Washington, DC. 84 FR 25899, (June 4, 2019).

State Department

*June 20, 2019             Agency Notice (Meeting) – The Department of State will conduct an open meeting at 1:30 p.m. in Room 6Y23-21 of the Douglas A. Munro Coast Guard Headquarters Building at St. Elizabeth’s, 2703 Martin Luther King Jr. Avenue SE, Washington, DC. The primary purpose of the meeting is to prepare for the sixth session of the International Maritime Organization’s (IMO) Sub-Committee on Implementation of IMO Instruments (III 6) to be held at the IMO Headquarters, United Kingdom, July 1-5, 2019. 84 FR 24589, (May 28, 2019).

Transportation Department

July 15, 2019                Agency Notice – The Consolidated Appropriations Act, 2019 (FY 2019 Appropriations Act) appropriated $900 million to be awarded by the Department of Transportation (DOT) for National Infrastructure Investments. This appropriation stems from the program funded and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (Recovery Act) and is known as the Better Utilizing Investments to Leverage Development or (BUILD Transportation grants) program. Funds for the FY 2019 BUILD Transportation grants program are to be awarded on a competitive basis for surface transportation infrastructure projects that will have a significant local or regional impact. The purpose of this notice is to solicit applications for BUILD Transportation grants. Applications accepted. 84 FR 16933, (April 23, 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).