Regulatory Calendar: September 27, 2019
Sep 27

Regulatory Calendar: September 27, 2019

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

October 18, 2019          In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an ICR entitled “Intermodal Container Inspection Program” to the Office of Management and Budget, Office of Information and Regulatory Affairs for approval. Comments accepted. 84 FR 42940, (August 19, 2019), (USCG-2019-0703).

*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 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).

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

October 15, 2019          The Coast Guard is proposing to amend the requirements regulating personnel permitted to serve as a person in charge (PIC) of fuel oil transfers on an inspected vessel by adding the option of using a letter of designation (LOD) in lieu of a Merchant Mariner Credential (MMC) with a Tankerman-PIC endorsement. Thousands of towing vessels are currently transitioning from being uninspected vessels to becoming inspected vessels. This proposal would allow a PIC currently using the LOD option on one of those uninspected vessels to continue to use that option to perform the same fuel oil transfers once the vessel receives its initial Certificate of Inspection. Under this proposal, obtaining a MMC with a Tankerman-PIC endorsement would become optional for PICs of fuel oil transfers on inspected vessels. Comments accepted. 84 FR 40329, (August 14, 2019), (USCG-2018-0493).

Final Rulemakings

None

Agency Notices

*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).

Meetings

None

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).

Export-Import Bank

October 9, 2019            Agency Notice – The Export-Import Bank of the United States (EXIM) is in the process of reviewing its economic impact procedures and methodology and invites public comment. EXIM’s current Economic Impact procedures can be accessed at: https://www.exim.gov/sites/default/files//newsreleases/Final-April-2013-Procedures.pdf. 84 FR 47289, (September 9, 2019), (Document Number: 2019-6018).

Federal Maritime Commission

*September 19, 2019   Agency Notice – The Commission is giving notice of the filing of the agreement entitled “CNCO/Matson Slot Charter Agreement” under the Shipping Act of 1984. The parties to the agreement are The China Navigation Co. Pte. Ltd. And Matson Navigation Company, Inc. 84 FR 49302, (September 19, 2019).

October 3, 2019            Agency Notice (Proposed Rulemaking) – The Federal Maritime Commission is seeking public comments on proposed modifications to the hearing procedures governing the denial, revocation, or suspension of an ocean transportation intermediary (OTI) license. The revised hearing procedures are intended to align more with other Commission hearing procedures, ensure a more streamlined process and fulfill the need for more detailed procedural requirements. Comments accepted. 84 FR 45934, (September 3, 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).

State Department

September 27, 2019     Agency Notice (Meeting) – The Department of State will conduct an open meeting at 1:00 p.m. in Room 7M15-01 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 sixth session of the International Maritime Organization’s (IMO) Sub-Committee on Carriage of Cargoes and Containers to be held at the IMO Headquarters, United Kingdom, September 9-13, 2019. 84 FR 41803, (August 15, 2019).

Veterans’ Employment and Training Service

*October 15, 2019        Agency Notice (Meeting) – The notice sets forth the schedule and proposed agenda of an upcoming meeting of the ACVETEO. The ACVETEO will discuss the DOL core programs and services that assist veterans seeking employment and raise employer awareness as to the advantages of hiring veterans. There will be an opportunity for individuals or organizations to address the committee. Any individual or organization that wishes to do so should contact Mr. Gregory Green (202) 693-4734. The meeting will begin at 9:00 a.m. and end at approximately 4:30 p.m. and will be held at the U.S. Department of Labor, Frances Perkins Building, 200 Constitution Avenue NW, Washington, DC. 84 FR 48950, (September 17, 2019).

 

*    — DENOTES NEW LISTING