[Federal Register: August 21, 2008 (Volume 73, Number 163)]
[Rules and Regulations]
[Page 49357-49358]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au08-12]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 315
[Docket No. MARAD 2008 0076]
RIN 2133-AB73
U.S. Citizenship for Contracts on RRF Vessels
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Final rule.
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SUMMARY: This rulemaking clarifies Maritime Administration regulations
which require that Agents (including Ship Managers) for the National
Defense Reserve Fleet (NDRF) appointed by the Maritime Administration
be United States citizens.
DATES: Effective August 21, 2008.
FOR FURTHER INFORMATION CONTACT: Jay Gordon, Office of the Chief
Counsel, at (202) 366-5173, via e-mail at Jay.Gordon@dot.gov, or by
writing to: Jay Gordon, Office of the Chief Counsel, Maritime
Administration, MAR-221, 1200 New Jersey Avenue, SE., Washington, DC
20590.
SUPPLEMENTARY INFORMATION:
Background
This rulemaking clarifies title 46 CFR part 315.5, Appointment of
an Agent, which requires that Agents (including Ship Managers) for the
National Defense Reserve Fleet (NDRF) appointed by the Maritime
Administration be United States citizens, as defined in Sec. 315.3(b).
This action is taken on the Maritime Administration's initiative.
Under existing authority, the Department of Defense (DOD) transfers
vessels to the custody of the Maritime Administration for inclusion in
the NDRF. Pursuant to that authority, eight Fast Sealift Ships (FSS)
are being transferred from the Military Sealift Command (MSC) into the
Ready Reserve Force (RRF) component of the NDRF, effective October 1,
2008. The eight FSS vessels are currently operated by Maersk Lines
Limited (MLL) under contract with MSC. Under the terms of this
transfer, MSC has delegated procuring contracting officer authority for
the FSS contract to the Maritime Administration, which will provide
oversight and direction for the remainder of the contract. Since the
transferred vessels are being maintained and operated under a contract
awarded by another federal agency, administration of that contract does
not constitute the appointment of an Agent by the Maritime
Administration under 46 CFR part 315.5.
This regulation clarifies the limited duration of performance under
such contracts.
Program Description
In this rulemaking, the Maritime Administration is clarifying the
U.S. citizenship requirements for certain contacts between the owners
of vessels in the RRF program of the NDRF and the Maritime
Administration, by the addition of a new section to 46 CFR part 315.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking is not significant under section 3(f) of Executive
Order 12866, and as a consequence, OMB did not review the rule. This
rulemaking is also not significant under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034; February
26, 1979). It is also not considered a major rule for purposes of
Congressional review under Public Law 104-121. We believe that the
economic impact of this rulemaking does not warrant the preparation of
a full regulatory evaluation since the rulemaking clarifies existing
regulations set forth in 46 CFR part 315.
Executive Order 13132
We analyzed this rulemaking in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism'') and have
determined that it does not have sufficient federalism implications to
warrant the preparation of a federalism summary impact statement. The
regulations herein have no substantial
[[Page 49358]]
effects on the States, the current Federal-State relationship, or the
current distribution of power and responsibilities among local
officials. Therefore, we did not consult with State and local officials
because it was not necessary.
Regulatory Flexibility Act
The Regulatory Flexibility Act requires us to assess the impact
that regulations will have on small entities. After analysis of this
proposed rule, the Maritime Administrator certifies that this proposed
rule will not have a significant economic impact on a substantial
number of small entities.
Environmental Assessment
We have analyzed this rule for purposes of compliance with the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.) and we have concluded that, under the categorical exclusions
provision in section 4.05 of Maritime Administrative Order (MAO) 600-1,
``Procedures for Considering Environmental Impacts,'' 50 FR 11606
(March 22, 1985), neither the preparation of an Environmental
Assessment, an Environmental Impact Statement, nor a Finding of No
Significant Impact for this rulemaking is required. This rulemaking
will not result in any impact on the environment.
Paperwork Reduction Act
This rule does not establish a new requirement for the collection
of information. Thus, the Office of Management and Budget (OMB) will
not be requested to review and approve the information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501,
et seq.).
Unfunded Mandates Reform Act
This rulemaking does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local, or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves this objective of U.S. policy. Department of
Transportation guidance requires the use of a revised threshold figure
of $136.1 million, which is the value of $100 million in 2008 after
adjusting for inflation.
Consultation and Coordination With Indian Tribal Governments
Executive Order 13175--Consultation and Coordination with Indian
Tribal Governments, dated November 6, 2000, seeks to establish regular
and meaningful consultation and collaboration with tribal officials in
the development of Federal policies that have tribal implications, to
strengthen the United States government-to-government relationships
with Indian tribes, and to reduce the imposition of unfunded mandates
upon Indian tribes. Executive Order 13175 does not apply to this
regulation as it does not affect, directly or indirectly, Indian
tribes.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
Privacy Act
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-19478) or you may visit www.regulations.gov.
List of Subjects in 46 CFR Part 315
Government contracts, National defense, Vessels.
0
Accordingly, the Maritime Administration amends 46 CFR part 315 as
follows:
PART 315--AGENCY AGREEMENTS AND APPOINTMENT OF AGENTS
0
1. The authority citation for part 315 continues to read as follows:
Authority: 50 U.S.C. App. 1744; 49 CFR 1.66.
0
2. Section 315.6 is added to read as follows:
Sec. 315.6 Transferred vessels and contracts.
The requirements of Sec. 315.5(a)(1) shall not apply to a
contractor managing vessels owned by the United States under a contract
or contracts previously awarded by another Federal agency if the
contract, and the vessels managed under such contract, are subsequently
transferred to the Maritime Administration, provided the period of
performance of the transferred contract does not exceed the period of
performance of the original contract, including options.
By order of the Maritime Administrator.
Dated: August 14, 2008.
Leonard Sutter,
Secretary, Maritime Administration.
[FR Doc. E8-19255 Filed 8-20-08; 8:45 am]
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