September 13, 2019

REGULATORY CALENDAR

 

UNITED STATES COAST GUARD

Proposed Rulemakings

None

Final Rulemakings

None

Agency Notices

*September 5, 2019     The notice informs the public that the Coast Guard has recertified the Cook Inlet Regional Citizens’ Advisory Council (CIRCAC) as an alternative voluntary advisory group for Cook Inlet, Alaska. This certification allows the CIRCAC to monitor the activities of terminal facilities and crude oil tankers under an alternative composition, other than prescribed, Cook Inlet Program established by statute. This recertification is effective for the period from September 1, 2019 through August 31, 2020. 84 FR 46749, (September 5, 2019), (USCG-2019-0604).

*September 9, 2019     The Coast Guard announces the availability of the Merchant Mariner Medical Manual, Commandant Instruction Manual (COMDTINST M16721.48). The guidance in this Manual should assist medical practitioners, the maritime industry, individual mariners, and Coast Guard personnel in evaluating a mariner applicant’s physical and medical status to meet the requirements of the merchant mariner medical certificate. This Manual incorporates and consolidates prior guidance on the medical evaluation of merchant mariners contained in several Coast Guard documents. The Manual includes guidance on the medical certificate and related processes, including procedures for application, issuance, and cancellation of the medical certificate. The Merchant Mariner Medical Manual, COMDTINST M16721.4, is effective on September 9, 2019. 84 FR 47141, (September 9, 2019), (USCG-2018-0041).

September 18, 2019     In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an ICR 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 approval. Comments accepted. 84 FR 42941, (August 19, 2019), (USCG-2019-0261).

September 30, 2019     The Coast Guard announces the availability of a draft policy letter that establishes the Coast Guard’s proposed acceptance of type-approval testing protocols for BWMS that render nonviable (meaning “permanently incapable of reproduction”) organisms in ballast water and may be used in addition to the methods established under existing regulations; the process for accepting type-approval testing protocols for BWMS, if any, that render nonviable organisms in ballast water and may be used in addition to the methods established under existing regulations which includes: The process for incorporating accepted protocols into the type-approval procedures established under existing regulations; the acceptance of laboratories to evaluate applicable treatment technologies; and the certification of BWMS that render nonviable organisms in ballast water. This notice solicits public comments in the draft policy letter that is entitled TYPE APPROVAL METHODS FOR BALLAST WATER MANAGEMENT SYSTEMS THAT RENDER NONVIABLE ORGANISMS IN BALLAST WATER, referred to in the notice as the “draft policy letter.” Comments accepted. 84 FR 37330, (July 31, 2019), (USCG-2019-0477).

*September 30, 2019   In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an ICR entitled “Waterfront Facilities Handling Liquefied Natural Gas (LNG) and Liquefied Hazardous Gas (LHG) to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting an extension of approval. Comments accepted. 84 FR 45783, (August 30, 2019), (USCG-2019-0353).

*September 30, 2019   In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an ICR entitled “Marine Occupational Health and Safety Standards for Benzene” to the Office of Management and Budget, Office of Information and Regulatory Affairs requesting an extension of approval. Comments accepted. 84 FR 45784, (August 30, 2019), (USCG-2019-0354).

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 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

Sept. 16-18, 2019          The Merchant Mariner Personnel Advisory Committee and its working groups will meet to discuss issues related to the training and fitness of merchant marine personnel. The meetings will be open to the public. The Merchant Marine Personnel Advisory Committee and it working groups will meet on Monday, September 16th from 1:00 p.m. until 5:30 p.m., Tuesday, September 17th from 8:00 a.m. until 5:30 p.m. and on Wednesday, September 18th from 8:00 a.m. until 5:30 p.m. The meetings will be held at the U.S. Coast Guard National Maritime Center in the Dales Larson Room on the third floor, 100 Forbes Drive, Martinsburg, WV. 84 FR 43152, (August 20, 2019), (USCG-2019-0475).

 

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

November 19, 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

September 17, 2019     The notice provides interested parties with the opportunity to comment on the Maritime Administration’s new program designating eligible and qualified training entities as Centers of Excellence for Domestic Maritime Workforce Training and Education (CoE). The National Defense Authorization Act of 2018, provided the Secretary of Transportation with the discretionary authority to designate eligible and qualified entities as CoEs. CoE designations will serve to assist the maritime industry in obtaining and maintaining the highest quality workforce. On May 31, 2018, MARAD published a notice in the Federal Register seeking public comment regarding the development of a guide for applicants seeking CoE designation. MARAD received a total of eighteen comments which have been considered and are examined in the SUPPLEMENTARY INFORMATION section contained within the notice. Now, MARAD is proposing to implement a voluntary program to identify and recommend qualified training providers for CoE designation. Comments accepted. 84 FR 34994, (July 19, 2019), (MARAD-2018-0088).

September 20, 2019     The notice announces the extension of the America’s Marine Highway Funding Opportunity application deadline from August 15, 2019 to September 20, 2019. The Consolidated Appropriations Act, 2019, appropriated $7,000,000 to the Short Sea Transportation Program, commonly referred to as the America’s Marine Highway Program (AMHP). The purpose of the appropriation is to make grants available to previously designated Marine Highway Projects that support the development and expansion of documented vessels, or port and landside infrastructure. The U.S. Department of Transportation will award Marine Highway Grants to implement projects or components of projects previously designated by the Secretary of Transportation under AMHP. Only Marine Highway Projects the Secretary designated before the Notice of Funding Opportunity closing date are eligible for funding as described in the Notice. Applications accepted. 84 FR 37946, (August 2, 2019).

*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).

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

*August 28, 2019         Agency Notice – The Commission is giving notice of the filing of an agreement under the Shipping Act of 1984. The Agreement Name is ML/MSC Oceania Space Charter Agreement.” The parties are Maersk Line A/S and Mediterranean Shipping Company S.A.  84 FR 45151, (August 28, 2019).

*October 3, 2019          Agency Notice (Proposal 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).

Saint Lawrence Seaway Development Corporation

*September 25, 2019   Agency Notice (Meeting) – The notice announces the public meeting via conference call of the Saint Lawrence Seaway Development Corporation Advisory Board. The meeting will be held from 9:00 a.m.-10:30 a.m. 84 FR 47631, (September 10, 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).

*    — DENOTES NEW LISTING

Maritime Administration

Proposed Rulemakings

None

 

Final Rulemakings

*July 31, 2019               In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the final rule provides the 2019 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. 84 FR 37059, (July 31, 2019).

 

Agency Notices

August 12, 2019            The Department of Transportation (DOT) invites public comment about their intention to request the Office of Management and Budget approval for an Information Collection entitled “Report of Ocean Shipments Moving Under the Cargo Preference Act of 1954—Bill of Lading—46 CFR part 381.” The collection involves ocean carrier bill of lading information that will be used to ensure proper and timely shipment of government impelled cargoes, and to ensure compliance with cargo preference statutes. Aggregate data will be used for statistical purposes. Comments accepted. 84 FR 27391, (June 12, 2019), (DOT-MARAD-2019-0087).

August 15, 2019            The Consolidated Appropriations Act, 2019, appropriated $7,000,000 to the Short Sea Transportation Program, commonly referred to as the America’s Marine Highway Program (AMHP). The purpose of the appropriation is to make grants available to previously designated Marine Highway Projects that support the development and expansion of documented vessels, or port and landside infrastructure. This Notice announces the availability of funding for grants and establishes selection criteria and application requirements. The U.S. Department of Transportation will award Marine Highway Grants to implement projects or components of projects previously designated by the Secretary of Transportation under AMHP. Only Marine Highway Projects the Secretary designated before the Notice of Funding Opportunity closing date are eligible for funding as described within the Notice. Applications accepted. 84 FR 27838, (June 14, 2019).

*August 22, 2019          In compliance with the Paperwork Reduction Act of 1995, the notice announces that the Information Collection Request entitled “Effective U.S. Control (EUSC)/Parent Company” is being forwarded to the Office of Management and Budget for review and comment. Comments accepted. 84 FR 35452, (July 23, 2019), (MARAD-2019-0114).

*September 3, 2019     Automation, including automated vehicles, trains, vessels, infrastructure, and equipment, is increasingly being tested and introduced into the transportation system, including ports. At ports, various modes of transportation, such as vessels, rail and motor carriers, intersect to create a hub of freight transfer in global supply chains. The Maritime Administration is interested in engaging in research that may help support strategies to safely implement automated transportation on and around ports. To that end, MARAD is publishing the RFI to solicit views from the public, including stakeholders (e.g., State and local agencies, vehicle, train, vessel, infrastructure, and equipment design, development and manufacturing industries, intelligent transportation systems industry, technology developers, related associations, etc.), on a range of issues related to the safety effects, opportunities, challenges and impacts of automated transportation in a port environment to inform potential research projects. Comments accepted. 84 FR 37961, (August 2, 2019), (MARAD-2019-0121).

September 9, 2019        The Maritime Administration invites public comments on their intention to request the Office of Management and Budget approval of an Information Collection Request entitled “Exercise Breakout 2019 Survey.” Comments accepted. 84 FR 32829, (July 9, 2019), (MARAD-2019-0112).

*September 17, 2019   The notice provides interested parties with the opportunity to comment on the Maritime Administration’s new program designating eligible and qualified training entities as Centers of Excellence for Domestic Maritime Workforce Training and Education (CoE). The National Defense Authorization Act of 2018, provided the Secretary of Transportation with the discretionary authority to designate eligible and qualified entities as CoEs. CoE designations will serve to assist the maritime industry in obtaining and maintaining the highest quality workforce. On May 31, 2018, MARAD published a notice in the Federal Register seeking public comment regarding the development of a guide for applicants seeking CoE designation. MARAD received a total of eighteen comments which have been considered and are examined in the SUPPLEMENTARY INFORMATION section contained within the notice. Now, MARAD is proposing to implement a voluntary program to identify and recommend qualified training providers for CoE designation. Comments accepted. 84 FR 34994, (July 19, 2019), (MARAD-2018-0088).

 

*September 20, 2019   The notice announces the extension of the America’s Marine Highway Funding Opportunity application deadline from August 15, 2019 to September 20, 2019. The Consolidated Appropriations Act, 2019, appropriated $7,000,000 to the Short Sea Transportation Program, commonly referred to as the America’s Marine Highway Program (AMHP). The purpose of the appropriation is to make grants available to previously designated Marine Highway Projects that support the development and expansion of documented vessels, or port and landside infrastructure. The U.S. Department of Transportation will award Marine Highway Grants to implement projects or components of projects previously designated by the Secretary of Transportation under AMHP. Only Marine Highway Projects the Secretary designated before the Notice of Funding Opportunity closing date are eligible for funding as described in the Notice. Applications accepted. 84 FR 37946, (August 2, 2019).

 

Meetings

None

Other Agency Matters

Agency for International Development

August 13, 2019            Agency Notice (Proposed Rulemaking) – The U.S. Agency for International Development (USAID) proposes to amend the Agency for International Development Acquisition Regulation to allow for the designation of U.S. Personal Services Contractors and Cooperating Country National Personal Services Contractors as contracting officers and agreement officers. The proposed revisions will address a shortage of U.S. direct-hire staff by delegating the proposed authorities to qualified US and CCN PSCs. The delegation of limited contracting/agreement officer authorities to a select number of CCN PSCs will also bolster the Agency to succeed in terms of building long-term, host country technical capacity to materially assist the Missions with procurement responsibility. Comments accepted. 84 FR 27745, (June 14, 2019).

 

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).

 

Defense Department

September 10, 2019     Agency Notice (Proposed Rule) – The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) are proposing to amend the Federal Acquisition Regulation (FAR) to require electronic submission of the DD Form 254, Contract Security Classification Specification. Comments accepted. 84 FR 33201, (July 12, 2019), (FAR Case 2015-002; Docket No. 2015-0002, Sequence No. 1).

 

Saint Lawrence Seaway Development Corporation

*July 31, 2019               Agency Notice (Final Rule) – In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the final rule provides the 2019 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. 84 FR 37059, (July 31, 2019).