Regulatory Calendar October 18
Oct 18

Regulatory Calendar October 18

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).

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 4, 2019        The Coast Guard announces the availability of Navigation and Vessel Inspection Circular (NVIC) 01-16 Change 2 together with a Deregulatory Savings Analysis. This NVIC provides that U.S. vessels may access navigation publications electronically, through underway connectivity, to meet domestic carriage and Safety of Life at Sea certification requirements. Comments accepted. 84 FR 49545, (September 20, 2019), (USCG-2019-0346).

*November 6, 2019      The Coast Guard is requesting comments on a Letter of Intent and Preliminary Waterway Suitability Assessment that was received from Sunoco Partners Marketing & Terminals to expand their existing liquefied hazardous gas (LHG) operations by increasing the number of liquefied propane and butane ship visits from approximately 120 per year to 432 ship visits per year. Additionally, they intend to expand operations to include 120 liquefied ethane ship visits per year. The Coast Guard is notifying the public of the proposed increase in LHG marine traffic on the Sabine-Neches Waterway and is soliciting comments relevant to the Coast Guard’s preparation of a Letter of Recommendation for issuance to the federal, state, or local agency with jurisdiction over the proposed facility. Comments accepted. 84 FR 53352, (October 7, 2019), (USCA-2019-0615).

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 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 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

*September 30, 2019   The Maritime Administration (MARAD) announces the extension of the Voluntary Intermodal Sealift Agreement (VISA) until October 1, 2014, pursuant to section 708 of the Defense Production Act of 1950, as amended. The purpose of the VISA is to make intermodal shipping services/systems, including ships, ships’ space, intermodal facilities and equipment, and related management services, available to the Department of Defense as required to support the emergency deployment and sustainment of U.S. Armed Forces. This will be accomplished through cooperation among the maritime industry, the Department of Transportation and the Department of Defense. 84 FR 51710, (September 30, 2019).

October 21, 2019          In compliance with the Paperwork Reduction Act of 1995, the notice announces that the Information Collection Request entitled “Ocean Shipments Moving Under the Cargo Preference Act of 1954” is being forwarded to the Office of Management and Budget for review and comments. Comments accepted. 84 FR 49617, (September 20, 2019), (MARAD-2019-0142).

October 28, 2019          The Maritime Administration invites public comments on their intention to request of Office of Management and Budget’s approval to renew the information request entitled “Capital Construction Fund and Exhibits.” Comments accepted. 84 FR 44970, (August 27, 2019), (MARAD-2019-0137).

*November 6, 2019      The U.S. Coast Guard in coordination with the Maritime Administration (MARAD), will prepare an environmental impact statement (EIS) as part of the environmental review of the West Delta LNG LLC (Applicant) deepwater port license application. The application proposes the ownership, construction, operation and eventual decommissioning of an offshore natural gas export deepwater port known as West Delta LNG (West Delta LNG) that would be located in Federal waters approximately 10.5 nautical miles off the coast of Plaquemines Parish, Louisiana in a water depth of approximately 57 to 60 feet. The deepwater port would allow for the loading of liquefied natural gas (LNG) trading carriers. The Notice of Intent requests public participation in the scoping process, provides information on how to participate and announces an informational open house and public meeting. Comments accepted. 84 FR 53218, (October 4, 2019), (MARAD-2019-0095).

*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 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 53560, (October 7, 2019), (MARAD-2019-0155).

*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).

Meetings

*October 29, 2019        The U.S. Coast Guard in coordination with the Maritime Administration (MARAD), will prepare an environmental impact statement (EIS) as part of the environmental review of the West Delta LNG LLC (Applicant) deepwater port license application. The application proposes the ownership, construction, operation and eventual decommissioning of an offshore natural gas export deepwater port known as West Delta LNG (West Delta LNG) that would be located in Federal waters approximately 10.5 nautical miles off the coast of Plaquemines Parish, Louisiana in a water depth of approximately 57 to 60 feet. The deepwater port would allow for the loading of liquefied natural gas (LNG) trading carriers. The Notice of Intent requests public participation in the scoping process, provides information on how to participate and announces an informational open house and public meeting in Belle Chasse, Louisiana. Pursuant to the criteria provided in the Deepwater Port Act of 1974, as amended, 33 U.S.C. 1501 et seq. (the Act), Louisiana is the designated Adjacent Coastal State for the application. The public scoping meeting will be held at the Belle Chasse Auditorium, 8398 Highway 23, Belle Chasse, Louisiana. The informational open house will be held from 4:00 p.m. to 6:00 p.m. followed by the public scoping meeting from 6:00 p.m. to 8:00 p.m. 84 FR 53218, (October 4, 2019), (Docket No. MARAD-2019-0095).

OTHER AGENCY MATTERS

Bureau of Ocean Energy Management

October 22, 2019          Agency Notice – In accordance with the Paperwork Reduction Act of 1995, the Bureau of Ocean Energy Management (BOEM) is proposing to renew the Information Collection Request entitled“ 30 CFR 553, Oil Spill Financial Responsibility for Offshore Facilities”. Comments accepted. 84 FR 44328, (August 23, 2019), (OMB Control Number 1010-0106; Docket ID: BOEM-2017-0016).

Environmental Protection Agency

October 18, 2019          Agency Notice (Proposed Rulemaking) – The Environmental Protection Agency (EPA) proposes to designate one ocean dredged material disposal site (ODMDS), the Isles of Shoals North Disposal Site (IOSN), located approximately 10.8 nautical miles east of Portsmouth, New Hampshire, pursuant to the Marine Protection, Research and Sanctuaries Act, as amended (MPRSA). This action is necessary to serve the long-term need for an ODMDS for the possible future disposal of suitable dredged material from harbors and navigation channels in southern Maine, New Hampshire, and northern Massachusetts. The proposed action is described in a Draft Environmental Assessment and Evaluation Study (DEA) also being released September 18 for public comment. The DEA recommends designation of the proposed IOSN pursuant to the MPRSA as the preferred alternative from the range of options considered. The draft Site Management and Monitoring Plan (SMMP) is provided as Appendix G of the DEA Comments accepted. 84 FR 49075, (September 18, 2019), (EPA-R01-OW-2019-0521; FRL-999-61-Region 1).

Federal Maritime Commission

*October 9, 2019          Agency Notice (Proposal Rulemaking Withdrawal) – The Federal Maritime Commission published a Notice of Proposed Rulemaking on August 15, 2016, which set forth proposed modifications to its rules governing agreements by or among ocean common carriers and/or marine terminal operators subject to the Shipping Act of 1984 and its rules on the delegation of authority to and redelegation of authority by the Director, Bureau of Trade Analysis. Public comments on the proposed rule were due on October 17, 2016. The notice withdraws the previous Notice of Proposed Rulemaking, and terminates the rulemaking proceeding. The NPRM published in the Federal Register on August 15, 2016 at 81 FR 53986, is withdrawn as of October 9, 2019. 84 FR 54087, (October 9, 2019), (Docket No. 16-04).

*October 9, 2019          Agency Notice – The Commission is giving notice of the filing of an agreement under the Shipping Act of 1984. The Agreement Name is “The Maritime Credit Agreement” and the Parties are “Maersk Line A/S; COSCO Container Lines Company Limited; Hamburg Sud; and Zim Integrated Shipping Services, Ltd.” 84 FR 54145, (October 9, 2019).

October 24, 2019          Agency Notice – In accordance with the Paperwork Reduction Act of 1995, the Federal Maritime Commission gives notice that it has submitted to the Office of Management and Budget a request for a reinstatement of the existing collection of information requirements under Commission rules concerning Licensing, Financial Responsibility Requirements and General Duties for Ocean Transportation IntermediariesComments accepted. 84 FR 50036, (September 24, 2019).

October 31, 2019          Agency Notice (Proposed Rulemaking) – The Federal Maritime Commission is seeking public comments their interpretation of the Shipping Act prohibition against failing to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing, or delivering property with respect to demurrage and detention. Specifically, the Commission is providing guidance as to what it will consider in assessing whether a demurrage or detention practice is unjust or unreasonable. Comments accepted. 84 FR 48850, (September 17, 2019).

*November 8, 2019      Agency Notice (Proposed Rulemaking) – The Federal Maritime Commission (Commission) proposes to revise its regulations to implement the provisions of the Frank LoBiondo Coast Guard Authorization Act of 2018. The proposed revisions include amendments to the regulations governing Commission meetings, ocean transportation intermediary licensing, financial responsibility, and general duties, and the submission of public comments on ocean common carrier and marine terminal operator agreements Comments accepted. 84 FR 54087, (October 9, 2019), (Docket No. 19-06).

*    — DENOTES NEW LISTING