Pending Regulatory Matters

The Transportation Institute monitors a wide range of federal agency actions that directly impact the U.S.-flag maritime industry. The following offers a brief summary of those actions. To read the actual text of any administrative action, single click on the underlined Federal Register page number and issuance date reference that follows each summary (response time may vary considerably due to internet traffic and file volume).

United States Coast Guard

Proposed Rulemakings

May 5, 2008 The Coast Guard proposes to amend the regulatory requirements, under the Oil Pollution Act of 1990 and the Comprehensive Environmental Response, Compensation and Liability Act, for vessel operators to establish and maintain evidence of financial responsibility. The amendments would ensure the amounts of financial responsibility demonstrated are consistent with recent statutory increases, and future mandated increases, in the limits of liability under the Oil Pollution Act of 1990. The amendments would also implement changes in the Coast Guard’s administration of the certificate of financial responsibility program, and would clarify the current rule. Comments accepted. 73 FR 6642, (February 5, 2008), (USCG-2005-21780). CORRECTION: The Coast Guard published in the Federal Register of February 5, 2008, a notice of proposed rulemaking which, among other things, would amend the regulatory requirements for vessel operators to establish and maintain evidence of financial responsibility. That notice contained an incorrect effective date and was also unclear. This notice corrects the preamble and regulatory text to the proposed rule to clarify the effective date and the distinction between the financial responsibility applicable amounts and limits of liability. The comment date has not changed. 73 FR 8250, (February 13, 2008), (USCG-2005-21780).

Final Rulemakings

May 29, 2008 This final rule requires, consistent with international law, certain ships to report identifying and position data electronically. This rule implements an amendment to chapter V of the International Convention for the Safety of Life at Sea (SOLAS), regulation 19-1, and enables the Coast Guard to correlate Long Range Identification and Tracking (LRIT) data with data from other sources, detect anomalies, and heighten our overall Maritime Domain Awareness. This rule is consistent with the Coast Guard’s strategic goals of maritime security and maritime safety, and the Department’s strategic goals of awareness, prevention, protection, and response. 73 FR 23309, (April 29, 2008), (USCG-2005-22612).

Agency Notices

April 21, 2008 As required by statute, the Coast Guard has reviewed and is updating the rates for pilotage service on the Great Lakes for the 2008 navigation season. We are increasing pilotage rates an average 8.17% over the last ratemaking that was completed in September 2007. This rulemaking promotes the Coast Guard strategic goals of maritime safety, protection of natural resources, maritime security, and maritime mobility. This interim rule is effective March 21, 2008. Comments accepted. 73 FR 15092, (March 21, 2008), (USCG-2007-0039).

April 28, 2008 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) and Analyses to the Office of Management and Budget (OMB) requesting an approval for the ICR entitled “Security Plans for Ports, Vessels, Facilities, and Outer Continental Shelf Facilities and Other Security-Related Requirements.” Comments accepted. 73 FR 10458, (February 27, 2008), (USCG-2008-0081).

April 30, 2008 The Coast Guard is requesting individuals who are interested in serving on the National Maritime Security Advisory Committee (NMSAC) to apply for appointment/reappointment. NMSAC provides advice and makes recommendations on national maritime security matters to the Secretary of Homeland Security via the Commandant of the United States Coast Guard. Applications accepted. 73 FR 14260, (March 17, 2008), (USCG-2008-0166

May 6, 2008 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) and Analysis to the Office of Management and Budget (OMB) requesting an approval for the ICR entitled “Proceedings of the Marine Safety and Security Council, the Coast Guard Journal of Safety and Security at Sea.” Comments accepted. 73 FR 12456, (March 7, 2008), (USCG-2008-0052).

May 6, 2008 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) and Analysis to the Office of Management and Budget (OMB) requesting an approval for the ICR entitled “Drawbridge Operation Regulations.” Comments accepted. 73 FR 12457, (March 7, 2008), (USCG-2008-0099).

May 27, 2008 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) and Analysis to the Office of Management and Budget (OMB) requesting a reinstatement, with change, of a previously approved collection for which approval has expired for the ICR entitled “United States Coast Guard Academy Application and Supplemental Forms.” Comments accepted. 73 FR 16027, (March 26, 2008), (USCG-2008-0170).

June 3, 2008 The Coast Guard announces the availability of the Draft Environmental Assessment (DEA) for the containerized cargo ship ATLANTIC COMPASS. The DEA describes the ATLANTIC COMPASS’ application for the Shipboard Technology Evaluation Program (STEP) Ballast Water Treatment System demonstration initiative. The DEA for the ATLANTIC COMPASS also addresses effects on the human and natural environments from installing, testing, and using the Ecochlor, Inc. ballast water treatment system as the vessel operates in U.S. waters. Comments accepted. 73 FR 18543, (April 4, 2008), (USCG-2007-0042).

June 9, 2008 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit three Information Collection Requests (ICRs) and Analysis to the Office of Management and Budget (OMB) requesting an extension of their approval for the three ICR’s entitled: (1) Outer Continental Shelf Activities—Title 33 CFR Subchapter N; (2) Adequacy Certification for Reception Facilities and Advance Notice—33 CFR part 158; and (3) Vapor Control Systems for Facilities and Tank Vessels. Comments accepted. 73 FR 19080, (April 8, 2008), (USCG-2008-0202).

June 9, 2008 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) and Analysis to the Office of Management and Budget (OMB) requesting an extension of their approval for an ICR entitled “Official Logbook.” Comments accepted. 73 FR 19081, (April 8, 2008), (USCG-2008-0209).

June 9, 2008 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit four Information Collection Requests (ICRs) and Analysis to the Office of Management and Budget (OMB) requesting an extension of their approval for the four ICR’s entitled: (1) Vessel Inspection Related Forms and Reporting Requirements Under Title 46 U.S. Code; (2) Certificates of Compliance, Boiler/Pressure Vessel Repairs, Cargo Gear Records, and Shipper Papers; (3) Various International Agreement Pollution Prevention Certificates and Documents, and Equivalency Certificates; and (4) Requirements for Lightering of Oil and Hazardous Material Cargoes. Comments accepted. 73 FR 19082, (April 8, 2008), (USCG-2008-0178).

June 9, 2008 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) and Analysis to the Office of Management and Budget (OMB) requesting an extension of their approval for an ICR entitled “Bridge Permit Application Guide (BPAG).” Comments accepted. 73 FR 19084, (April 8, 2008), (USCG-2008-0204).

June 10, 2008 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) and Analysis to the Office of Management and Budget (OMB) requesting an extension of approval for the ICR entitled “Shipping Articles.” Comments accepted. 73 FR 19857, (April 11, 2008), (USCG-2008-0221).

June 10, 2008 In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit two Information Collection Requests (ICRs) and Analysis to the Office of Management and Budget (OMB) requesting their approval for the ICR’s entitled: (1) Claims Under the Oil Pollution Act of 1990 and; (2) State Access to the Oil Spill Liability Trust fund for Removal Costs Under the Oil Pollution Act of 1990. Comments accepted. 73 FR 19858, (April 11, 2008), (USCG-2008-0222).

June 15, 2008 The Coast Guard is seeking applications for membership on the Merchant Marine Personnel Advisory Committee (MERPAC). This Committee advises the Coast Guard on matters related to the training, qualification, licensing, certification, and fitness of seamen serving in the U.S. merchant marine. Applications accepted. 73 FR 19085, (April 8, 2008), (USCG-2008-0216).

June 16, 2008 The Coast Guard is seeking applications for membership on the Great Lakes Pilotage Advisory Committee (GLPAC). GLPAC provides advice and makes recommendations to the Secretary on a wide range of issues related to pilotage on the Great Lakes, including the rules and regulations that govern the registration, operating requirements, and training policies for all U.S. registered pilots. The Committee also advises on matters related to ratemaking to determine the appropriate charge for pilot services on the Great Lakes. Applications accepted. 73 FR 9346, (February 20, 2008), (USCG-2007-0171).

June 16, 2008 The Coast Guard is seeking applications for membership on the Navigation Safety Advisory Council (NAVSAC). NAVSAC provides advice and makes recommendations to the Secretary on a wide range of issues related to the prevention of collisions, rammings, and groundings. This includes, but is not limited to: Inland and International Rules of the Road, navigation regulations and equipment, routing measures, marine information, diving safety, and aids to navigation systems. Applications accepted. 73 FR 9346, (February 20, 2008), (USCG-2007-0170).

July 14, 2008 The Coast Guard announces its intent to withdraw a 1993 advance notice of proposed rulemaking (ANPRM). Because of the length of time since the ANPRM was published, the Coast Guard requests additional public comment before proceeding with withdrawal. The rulemaking deals with supplementing a statutory requirement that single-hulled oil tankers in Prince William Sound, Alaska, and Puget Sound, Washington, be accompanied through those waters by escort vessels. It would extend those requirements to other U.S. waters, and possibly to vessels other than single-hulled oil tankers. Subject to reconsideration in light of public comment, the Coast Guard believes that this rulemaking is inappropriate and inefficient and therefore not the best way to consider such extensions. Comments accepted. 73 FR 20232, (April 15, 2008), (USCG-2006-23556, formerly CGD91-202a).

July 31, 2008 The Coast Guard is seeking applications for appointment to membership on the Chemical Transportation Advisory Committee (CTAC). CTAC advises, consults with, and makes recommendations to the Coast Guard on matters relating to the safe and secure transportation and handling of hazardous materials in bulk on U.S.-flag vessels in U.S. ports and waterways. Applications accepted. 73 FR 10042, (February 25, 2008), (USCG-2008-0071).

Meetings

May 8, 2008 The Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC) and its working groups will meet in Houston, Texas to discuss waterway improvements, aids to navigation, area projects impacting safety on the Houston Ship Channel, and various other navigation safety matters in the Galveston Bay area. These meetings will be open to the public. The Committee’s working groups meeting will begin at 9 a.m. and will be held at the Houston Pilots Association, 8150 South Loop East, Houston, Texas. 73 FR 22160, (April 24, 2008), (USCG-2008-0308).

May 14 - 15, 2008 The Navigation Safety Advisory Council (NAVSAC) will meet to discuss various issues relating to the safety of navigation. The meeting will be open to the public. NAVSAC will meet on Wednesday, May 14 from 8 a.m. to 5 p.m. and Thursday, May 15 from 8 a.m. to 5 p.m. The meetings will be held at the Crowne Plaza Hotel Seattle, 1113 6 th Avenue, Seattle, WA. 73 FR 20318, (April 15, 2008), (USCG-2008-0197).

May 22, 2008 The Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC) and its working groups will meet in Houston, Texas to discuss waterway improvements, aids to navigation, area projects impacting safety on the Houston Ship Channel, and various other navigation safety matters in the Galveston Bay area. These meetings will be open to the public. The full Committee meeting will begin at 9 a.m. and will be held at the Houston Pilots Association, 8150 South Loop East, Houston, Texas. 73 FR 22160, (April 24, 2008), (USCG-2008-0308).


Maritime Administration

Proposed Rulemakings

NONE

Final Rulemakings

NONE

Agency Notices

May 20, 2008 In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration’s intention to request extension of approval for three years of a currently approved information collection entitled “Application for Construction Reserve Fund (CRF) and Annual Statements”. Comments accepted. 73 FR 15256, (March 21, 2008), (MARAD-2008-0024).

June 2, 2008 The Maritime Administration and the Coast Guard announce the availability of the Draft Environmental Impact Statement (DEIS) for Port Dolphin Energy LLC, Port Dolphin Energy Liquefied Natural Gas Deepwater Port license application. The application describes a project that would be located approximately 28 miles off the western coast of Florida, and approximately 42 miles from Port Manatee, Manatee County, FL. Publication of this notice begins a 45 day comment period and provides information on how to participate in the process. Comments accepted. 73 FR 21012, (April 17, 2008), (USCG-2006-28532).

Meetings

May 6, 2008 The Maritime Administration and the Coast Guard announce the availability of the Draft Environmental Impact Statement (DEIS) for Port Dolphin Energy LLC, Port Dolphin Energy Liquefied Natural Gas Deepwater Port license application. The application describes a project that would be located approximately 28 miles of the western coast of Florida, and approximately 42 miles from Port Manatee, Manatee County, FL. As part of this notice a public meeting will be held in Palmetto, FL from 5 p.m. to 7 p.m. with an open house preceding the public meeting from 3 p.m. to 4:30 p.m. The meetings will be held at the Manatee Convention Center, Conference Center, One Haben Blvd., Palmetto, FL. 73 FR 21012, (April 17, 2008), (USCG-2006-28532).


Other Agency Matters

Defense Department

June 2, 2008 Agency Notice – The U.S. Army Corps of Engineers, New England District in partnership with the Massachusetts Port Authority (Massport) has prepared a joint Draft Supplemental Environmental Impact Statement and Draft Environmental Impact Report (DSEIS/DEIR) examining improvements to deep-draft navigation channels in Boston Harbor, Boston, MA. Four separate improvements were developed. The first examined deepening the outer and lower harbor’s existing 40-foot channel system to provide deeper access to Massport’s Conley Terminal in South Boston for containership traffic. Comments accepted. 73 FR 21121, (April 18, 2008).

Energy Department

June 9, 2008 Agency Notice – The staff of the Federal Energy Regulatory Commission (FERC) in cooperation with the U.S. Army Corps of Engineers (COE), the U.S. Coast Guard (Coast Guard), and the U.S. Environmental Protection Agency (EPA) has prepared a draft Environmental Impact Statement (EIS) for a liquefied natural gas (LNG) import terminal expansion and natural gas pipeline facilities proposed by AES Sparrows Point LNG, LLC and Mid-Atlantic Express, L.L.C. (collectively referred to as AES) in the below referenced dockets. The draft EIS was prepared to satisfy the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the proposed project with appropriate mitigating measures, as recommended, would have mostly limited adverse environmental impact. In conjunction with the draft EIS public meetings will be held. The first meeting will begin at 7 p.m. and will be held at Patapsco High School auditorium, 8100 Wise Avenue, Baltimore, MD. 73 FR 24276, (May 2, 2008), (Docket Nos. CP07-62-000; CP07-63-000; CP07-64-000; CP07-65-000).

June 11, 2008 Agency Notice – The staff of the Federal Energy Regulatory Commission (FERC) in cooperation with the U.S. Army Corps of Engineers (COE), the U.S. Coast Guard (Coast Guard), and the U.S. Environmental Protection Agency (EPA) has prepared a draft Environmental Impact Statement (EIS) for a liquefied natural gas (LNG) import terminal expansion and natural gas pipeline facilities proposed by AES Sparrows Point LNG, LLC and Mid-Atlantic Express, L.L.C. (collectively referred to as AES) in the below referenced dockets. The draft EIS was prepared to satisfy the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the proposed project with appropriate mitigating measures, as recommended, would have mostly limited adverse environmental impact. In conjunction with the draft EIS public meetings will be held. The second meeting will begin at 7 p.m. and will be held at the Brandywine Fire Hall, 2096 Bondsville Road, Downingtown, PA. 73 FR 24276, (May 2, 2008), (Docket Nos. CP07-62-000; CP07-63-000; CP07-64-000; CP07-65-000).

June 12, 2008 Agency Notice – The staff of the Federal Energy Regulatory Commission (FERC) in cooperation with the U.S. Army Corps of Engineers (COE), the U.S. Coast Guard (Coast Guard), and the U.S. Environmental Protection Agency (EPA) has prepared a draft Environmental Impact Statement (EIS) for a liquefied natural gas (LNG) import terminal expansion and natural gas pipeline facilities proposed by AES Sparrows Point LNG, LLC and Mid-Atlantic Express, L.L.C. (collectively referred to as AES) in the below referenced dockets. The draft EIS was prepared to satisfy the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the proposed project with appropriate mitigating measures, as recommended, would have mostly limited adverse environmental impact. In conjunction with the draft EIS public meetings will be held. The third meeting will begin at 7 p.m. and will be held in the Richlin Ballroom, 1700 Van Bibber Road, Edgewood, MD. 73 FR 24276, (May 2, 2008), (Docket Nos. CP07-62-000; CP07-63-000; CP07-64-000; CP07-65-000).

June 16, 2008 Agency Notice – The staff of the Federal Energy Regulatory Commission (FERC) in cooperation with the U.S. Army Corps of Engineers (COE), the U.S. Coast Guard (Coast Guard), and the U.S. Environmental Protection Agency (EPA) has prepared a draft Environmental Impact Statement (EIS) for a liquefied natural gas (LNG) import terminal expansion and natural gas pipeline facilities proposed by AES Sparrows Point LNG, LLC and Mid-Atlantic Express, L.L.C. (collectively referred to as AES) in the below referenced dockets. The draft EIS was prepared to satisfy the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the proposed project with appropriate mitigating measures, as recommended, would have mostly limited adverse environmental impact. Comments accepted. 73 FR 24276, (May 2, 2008), (Docket Nos. CP07-62-000; CP07-63-000; CP07-64-000; CP07-65-000).

Homeland Security Department

April 25, 2008 Agency Notice – The Department of Homeland Security (DHS) through the Transportation Security Administration (TSA) issues this notice of the dates for the beginning of the initial enrollment for the Transportation Worker Identification Credential (TWIC) for the Port of Hueneme, CA. TWIC enrollment begins in Hueneme on May 1, 2008. 73 FR 22429, (April 25, 2008), (Docket Nos. TSA-2006-24191; Coast Guard-2006-24196).

June 23, 2008 Agency Notice (Proposed Rulemaking) – The Department of Homeland Security proposes to establish an exit program at all air and sea ports of departure in the United States. This proposed rule would require aliens who are subject to United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) biometric requirements upon entering the United States to provide biometric information to commercial air and vessel carriers before departing from the United States at air and sea ports of entry. This rule proposes a performance standard for commercial air and vessel carriers to collect the biometric information and to submit this information to DHS no later than 24 hours after air carrier staff secure the aircraft doors on an international departure, or for sea travel, no later than 24 hours after the vessel’s departure from a U.S. port. DHS does not propose to apply these requirements to persons departing the United States on certain private carriers or small carriers as defined within this notice. The exit system proposed under this rule meets the recommendations of the 9/11 Commission Report and the requirements of section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007. Comments accepted. 73 FR 22065, (April 24, 2008), (DHS-2008-0039).

State Department

June 1, 2009 Agency Notice (Final Rule) – This rule finalizes the second phase of a joint Department of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new documentation requirements for U.S. citizens and certain nonimmigrant aliens entering the United States. This final rule details the documents U.S. citizens and nonimmigrant citizens of Canada, Bermuda, and Mexico will be required to present when entering the United States from within the Western Hemisphere at sea and land ports-of-entry. 73 FR 18383, (April 3, 2008), (USCBP-2007-0061).