REGULATORY CALENDAR
UNITED STATES COAST GUARD
Proposed Rulemakings
None
Final Rulemakings
None
Agency Notices
January 3, 2020 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an ICR entitled “Vessel and Facility Response Plans (Domestic and Int’l) and Additional Response Requirements for Prince William Sound” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting an extension of approval, without change. Comments accepted. 84 FR 59395, (November 4, 2019), (USCG-2019-0876).
January 30, 2020 The United States Coast Guard is extending the comment period for the notice of study and request for comments for the Port Access Route Study: Alaskan Arctic Coast that was published on December 21, 2018. This action will provide the public with additional time and opportunity to provide the Coast Guard with information regarding the Port Access Route Study: Alaskan Arctic Coast. Comments accepted. 84 FR 46501, (September 4, 2019), (USCG-2018-1058).
Meetings
None
MARITIME ADMINISTRATION
Proposed Rulemakings
None
Final Rulemakings
None
Agency Notices
*December 12, 2019 The Maritime Administration (MARAD) and the United States Coast Guard (USCG) encourage parties planning to submit an application for a license to own, construct, and operate a deepwater port under the Deepwater Port Act of 1974 (DWPA) to meet with MARAD and USCG staff at least six months in advance of submitting an application in order to provide an overview of their proposed project, to discuss the details of the federal and state application and licensing process, and to introduce key personnel. As the application is developed, additional status meetings/work sessions prior to submittal are also encouraged to review progress and to address questions. At least two weeks prior to application submittal, the applicant and the USCG selected third party environmental contractor should meet with MARAD and USCG in a final pre-application project kick-off meeting to ensure all parties understand the project, review process, and roles and responsibilities, and are prepared for the application distribution for completeness review and scoping preparation. The contents of this policy notice do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding agency policy. 84 FR 68009. (December 12, 2019), (MARAD- 2019-0147)
December 16, 2019 The Maritime Administration invites public comments on their intention to request the Office of Management and Budget’s approval to renew the information request entitled “Maritime Administration (MARAD) Jones Act Vessel Availability Determinations.” Comments accepted. 84 FR 55212, (October 15, 2019), (MARAD-2019-0162).
December 23, 2019 The Maritime Administration (MARAD) invites public comments on their intention to request the Office of Management and Budget’s approval to renew the information collection entitled “Title XI Obligations Guarantees—46 CFR part 298.” The information to be collected will be used to evaluate an applicant’s project and capabilities, make the required determinations, and administer any agreements executed upon approval of loan guarantees. Comments accepted. 84 FR 56533, (October 22, 2019), (Docket No. MARAD-2019-0171).
Meetings
None
OTHER AGENCY MATTERS
Corps of Engineers
December 23, 2019 Agency Notice (Final Rule) – The Environmental Protection Agency (EPA) and the Department of the Army (“the agencies”) are publishing a final rule to repeal the 2015 Clean Water Rule: Definition of “Waters of the United States” (“2015 Rule”), which amended portions of the Code of Federal Regulations (CFR), and to restore the regulatory text that existed prior to the 2015 Rule. The agencies will implement the pre-2015 regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice. The agencies are repealing the 2015 Rule for four primary reasons. First, the agencies conclude that the 2015 Rule did not implement the legal limits on the scope of the agencies’ authority under the Clean Water Act (CWA) as intended by Congress and reflected in Supreme Court cases, including Justice Kennedy’s articulation of the significant nexus test in Rapanos. Second, the agencies conclude that in promulgating the 2015 Rule the agencies failed to adequately consider and accord due weight to the policy of the Congress in CWA section 101(b) to “recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution” and “to plan the development and use…of land and water resources.” 33 U.S.C. 1251(b). Third, the agencies repeal the 2015 Rule to avoid interpretations of the CWA that push the envelope of their constitutional and statutory authority absent a clear statement from Congress authorizing the encroachment of federal jurisdiction over tradition State land-use planning authority. Lastly, the agencies conclude that the 2015 Rule’s distance-based limitations suffered from certain procedural errors and a lack of adequate record support. The agencies find that these reasons, collectively and individually, warrant repealing the 2015 Rule. With the final rule, the regulations defining the scope of federal CWA jurisdiction will be those portions of the CFR as they existed before the amendments promulgated in the 2015 Rule. 84 FR 56626, (October 22, 2019), (EPA-HQ-OW-2017-0203; FRL-10000-10-OW).
Federal Maritime Commission
December 16, 2019 Agency Notice (Final Rule) – The Federal Maritime Commission amends its rules governing licensing, registration, financial responsibility requirements, and general duties for ocean transportation intermediaries (OTIs). The changes are mainly administrative and procedural. 84 FR 62464, (November 15, 2019), (Docket No. 18-11).
*January 10, 2020 Agency Notice — The Federal Maritime Commission (Commission) is giving public notice that the agency has submitted a revision to the information collection described in this notice, to the Office of Management and Budget (OMB) for approval. The public is invited to comment on the revised information collection pursuant to the Paperwork Reduction Act of 1995. 84 FR 67742, (December 11, 2019).
*January 11, 2020 Agency Notice- The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. The Agreement authorizes Sealand to charter space to Network Shipping in the trade between ports in Ecuador, Panama, Costa Rica, El Salvador, Guatemala, Nicaragua, and Mexico on the one hand and ports in California on the other hand. Comments accepted. 84 FR 66668, (December 5, 2019).
Saint Lawrence Seaway Development Corporation
December 2, 2019 Agency Notice (Meeting) – The notice announces a public meeting via teleconference of the Saint Lawrence Seaway Development Corporation Advisory Board. The meeting will be held from 2:00 p.m.-3:30 p.m. 84 FR 57944, (October 29, 2019).
US Customs and Border Protection
*February 10, 2020 Agency Notice – Foreign Assembler’s Declaration. The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Written comments and/or suggestions regarding the item(s) contained in this notice must include the OMB Control Number 1651–0031 in the subject line and the agency name. Comments accepted. 84 FR 67751, (December 11, 2019).
*February 10, 2020 Agency Notice – Passenger List/Crew List. The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Written comments and/or suggestions regarding the item(s) contained in this notice must include the OMB Control Number 1651–0103 in the subject line and the agency name. Comments accepted. 84 FR 67749, (December 11, 2019).
*February 10, 2020 Agency Notice – Ship’s Stores Declaration. The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Written comments and/or suggestions regarding the item(s) contained in this notice must include the OMB Control Number 1651–0018 in the subject line and the agency name. Comments accepted. 84 FR 67749, (December 11, 2019).
* February 11, 2020 Agency Notice — The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the PaperworkReduction Act of 1995 (PRA). Written comments and/or suggestions regarding the item(s) contained in this notice must include the OMB Control Number 1651–0027 in the subject line and the agency name. Comments accepted. 84 FR 68181, (December 13, 2019).
* — DENOTES NEW LISTING