REGULATORY CALENDAR
UNITED STATES COAST GUARD
Proposed Rulemakings
November 18, 2019 The Coast Guard proposes to increase from 3 years to 7 years the period within which qualifying sea service aboard vessels of the uniformed services can be used to satisfy the requirement for recent sea service to qualify for a Merchant Mariner Credential with a national officer endorsement. This notice of proposed rulemaking would implement into Coast Guard regulations legislation that has been codified in statute, and may potentially increase the number of merchant mariners available for employment on commercial vessels. Comments accepted. 84 FR 48842, (September 17, 2019), (USCG-2017-1025).
*November 29, 2019 In accordance with the Great Lakes Pilotage Act of 1960, the Coast Guard is proposing new base pilotage rates for the 2020 shipping season. This proposed rule would adjust the pilotage rates to account for changes in district operating expenses, an increase in the number of pilots, and anticipated inflation. The net result of decreased operating expenses for the associations compared to the previous year, inflation of pilot compensation, and the addition of one working pilot at the beginning of the 2020 shipping season is a 3 percent increase in pilotage rates. In addition, the Coast Guard is not proposing any surcharges for the 2020 shipping season, which would result in a 1 percent net decrease in pilotage costs compared to the 2019 season, when combined with the changes listed in the notice. The Coast Guard is also proposing to clarify the rules related to the working capital fund. Comments accepted. 84 FR 58099, (October 30, 2019), (USCG-2019-0736).
Final Rulemakings
November 12, 2019 The Coast Guard is issuing a final rule to adjust the limits of liability for vessels, deepwater ports, and onshore facilities under the Oil Pollution Act of 1990 (IPO 90), as amended, to reflect the increase in the Consumer Price Index since 2015. These regulatory inflation increases to the limits of liability are required by OPA 90 and are necessary to preserve the deterrent effect and “polluter pays” principle embodied in the Act. This update promotes the Coast Guard’s missions of maritime safety and stewardship. The final rule is effective on November 12, 2019. 84 FR 39970, (August 13, 2019), (USCG-2019-0392).
Agency Notices
November 12, 2019 The U.S. Coast Guard may cease broadcasting Navigational Telex (NAVTEX) over Medium Frequency (MF) after first ensuring the information contained in NAVTEX broadcasts is available via International Maritime Organization (IMO) recognized satellite services. The notice requests public comment on the possibility of terminating the MF NAVTEX broadcast. Comments accepted. 84 FR 47967, (September 11, 2019), (USCG-2019-0702).
November 12, 2019 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an ICR entitled “Course Approval and Records for Merchant Marine Training Schools” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting an extension of approval. Comments accepted. 84 FR 48360, (September 13, 2019), (USCG-2019-0748).
November 12, 2019 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an ICR entitled “Various International Agreement Certificates and Documents” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting an extension of approval. Comments accepted. 84 FR 48361, (September 13, 2019), (USCG-2019-0746).
November 12, 2019 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an ICR entitled “Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1995, 1997 and 2010 Amendments to the International Convention” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting an extension of approval. Comments accepted. 84 FR 48362, (September 13, 2019), (USCG-2019-0747).
*December 4, 2019 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard is forwarding an Information Collection Request entitled “Intermodal Container Inspection Program” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting approval. Comments accepted. 84 FR 59397, (November 4, 2019), (USCG-2019-0703).
December 6, 2019 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an ICR entitled “Merchant Mariner Credentialing—Job Task Analysis” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting approval of the ICR. Comments accepted. 84 FR 53451, (October 7, 2019), (USCG-2019-0753).
*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
*October 29, 2019 In rule document 2019-14101 beginning on page 37059 in the issue of Wednesday, July 31, 2019, a correction needs to be made. On page 37073, in the second column, amendatory instruction 47c should read “c. Remove the dollar amount “$113,894” and add in its place $116,766”. 84 FR 57813, (October 29, 2019).
November 14, 2019 In compliance with the Paperwork Reduction Act of 1995, the notice announces that the Information Collection Request entitled “MARAD Exercise Breakout Survey” is being forwarded to the Office of Management and Budget for review and comments. Comments accepted. 84 FR 55210, (October 15, 2019), (MARAD-2019-0163).
*December 2, 2019 The Maritime Administration is developing a voluntary agreement necessary to renew the Voluntary Tanker Agreement Program, pursuant to the authority contained in Section 708 of the Defense Production Act of 1950, as amended. The notice invites comments on the draft proposed Voluntary Tanker Agreement. The proposed text is intended to replace the Agreement as it was last published in Volume 73 of the Federal Register at page 51692 (September 4, 2008). Because the proposed agreement will contain changes, both former and new participants must submit a new application once the final text is published. VTA applications are available from MARAD. The complete, draft text of the VTA is published within the notice. Copies of the draft text are also available to the public upon request. Comments accepted. 84 FR 58824, (November 1, 2019), (Docket Number MARAD-2019-0183).
December 6, 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 “Voluntary Tanker Agreement.” Comments accepted. 84 FR 53558, (October 7, 2019), (MARAD-2019-0157).
December 6, 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 “Requirements for Eligibility of U.S.-Flag Vessels of 100 Feet or Greater in Registered Length to Obtain a Fishery Endorsement.” Comments accepted. 84 FR 53559, (October 7, 2019), (MARAD-2019-0157).
December 6, 2019 The Maritime Administration invites public comments on their intention to request the Office of Management and Budget’s approval of a new information request entitled “Port Infrastructure Development Program.” Comments accepted. 84 FR
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
*October 30, 2019 Agency Notice – The Commission is giving notice of the filing of an agreement under the Shipping Act of 1984. The Agreement Name is “South Atlantic Chassis Pool Agreement” and the Parties are “Ocean Carrier Equipment Management Association, Inc.; Consolidated Chassis Management LLC, Georgia Ports Authority; South Carolina State Ports Authority; Maersk Line A/S; Hamburg-Sud; CMA CGM S.A.; APL Co. Pte. Ltd; American President Lines, Ltd; COSCO Shipping Lines Co., Ltd; Hapag-Lloyd AG; Hapag-Lloyd USA LLC; Evergreen Line Joint Service Agreement; Hyundai Merchant Marine Co., Ltd; Orient Overseas Container Line Limited; Ocean Network Express Pte., Ltd; and Crowley Maritime Corporation.” 84 FR 58157, (October 30, 2019).
Saint Lawrence Seaway Development Corporation
*October 29, 2019 Agency Notice (Correction) – In rule document 2019-14101 beginning on page 37059 in the issue of Wednesday, July 31, 2019, a correction needs to be made. On page 37073, in the second column, amendatory instruction 47c should read “c. Remove the dollar amount “$113,894” and add in its place $116,766”. 84 FR 57813, (October 29, 2019).
*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).
State Department
*November 12, 2019 Agency Notice (Meeting) – The Department of State will conduct an open meeting at 1:00 p.m. 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. The primary purpose of the meeting is to prepare for the 30th Extraordinary Council Session, the 31st Assembly, and the 123rd Council Session of the of the International Maritime Organization, to be held at the IMO Headquarters, United Kingdom, November 21-22; November 25-December 5; and December 6, respectively. 84 FR 58426, (October 31, 2019).
* — DENOTES NEW LISTING