[Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
[Proposed Rules]
[Pages 67764-67765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32656]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 384

[Docket No. R-166]
RIN 2133-AB26


Criteria for Granting Waivers of Requirement for Exclusive U.S.-
Flag Vessel Carriage of Certain Export Cargoes

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Extension of comment period on advance notice of proposed 
rulemaking.

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SUMMARY: The Maritime Administration (MARAD) is extending for 45 days 
the comment period on an advance notice of proposed rulemaking (ANPRM) 
concerning whether MARAD should amend its existing criteria and 
methodologies for granting waivers of the requirement for U.S.-flag 
vessel carriage of certain cargo covered by Public Resolution 17, 33rd 
Congress (PR 17).

DATES: Comments must be received on or before February 10, 1997.

ADDRESSES: To be considered comments must be sent to the Secretary, 
Maritime Administration, Room 7210, 400 7th St., S.W., Washington, DC 
20590. Comments will become part of this docket. Anyone who wishes to 
arrange access to comments filed must telephone the secretary, MARAD, 
at (202) 366-5746 during normal business hours. Commenters wishing 
MARAD to acknowledge receipt of comments must enclose a stamped self-
addressed envelope or postcard.

FOR FURTHER INFORMATION CONTACT: James J. Zok, Associate Administrator 
for Ship Financial Assistance and Cargo Preference, Maritime 
Administration, Washington, DC 20590. Telephone (202) 366-0364.

SUPPLEMENTARY INFORMATION: On October 28, 1996, MARAD published an 
ANPRM soliciting public comment on whether it should amend its existing 
criteria and methodologies for granting a waiver of the requirement for 
U.S.-flag vessel carriage of certain cargo covered by PR 17, 46 App. 
U.S.C. 1241-1, and if so, what the new waiver procedure should be with 
respect to EXIMBANK-financed cargo. Based on comments already submitted 
and a request for extension of time to comment, MARAD has decided to 
extend the comment period for 45 days. MARAD also asks the public to 
comment on the following options and proposals, which are in addition 
to those described in the ANRPM.
    (1) Should MARAD promulgate a rule that states the objectives and 
the procedures that will guide the waiver process so that carriers, 
shippers, and freight forwarders will know, as project bids are 
formulated, the specific criteria that will affect most waiver 
applications? To supplement this, should MARAD also participate, on an 
ongoing regular basis, in EXIMBANK/shippers' briefings to assist 
shippers in transportation planning for projects?
    (2) Should MARAD publish or otherwise make available regular 
notices of extant EXIMBANK projects that may require ocean 
transportation?
    (3) When a shipper is awarded a project which is or may become 
subject to the cargo preference laws of the United States via intended 
EXIMBANK financing or other events, should MARAD contact in writing 
and/or through meetings the shipper, the shipper's representative, and 
the U.S.-flag carriers in order to determine the expected cargoes and 
shipping dates and requirements for the life of the project? Should 
shipper personnel include representatives from the traffic/logistics 
and finance departments so that each becomes aware of the EXIMBANK and 
MARAD requirements?
    (4) If a waiver is desired, should the shipper be required to 
notify MARAD and the U.S.-flag carriers at least 45 days before each 
actual cargo movement from a port in the United States and provide a 
complete packing list and proposed transportation schedule? Should the 
notice also be published in a widely disseminated publication, e.g., in 
the Transportation News Ticker (TNT), to notify the trade as is common 
in other U.S. Government transportation movements, with full and 
uniform information on requirements and terms? If there is a waiver 
amendment request and the parameters of the shipment substantially 
change, should a new notice and re-bids be required? Should there be a 
predetermined threshold of change (e.g., 5 percent)?
    (5) When the shipper seeks a waiver, should the shipper be required 
to furnish documentation in support of the stated reasons for the 
waiver request?
    (6) Should carriers be required to provide a written response to a 
shipper's RFQ/RFP with a time

[[Page 67765]]

limitation? If yes, what time period? Should shippers be required to 
attach these written responses to the waiver request?
    (7) Should MARAD be required to canvas all U.S.-flag operators on 
each waiver request, and establish a reasonable procedure for response 
by carriers? Should each carrier designate a specific office or 
individual as a point of contact for shippers regarding cargo movements 
resulting from EXIMBANK projects?
    (8) Should MARAD alter its procedure for considering a waiver for 
shippers to move oversize parcels on foreign-flag vessels that cannot 
be carried on U.S.-flag carriers? Should MARAD prohibit shippers from 
``bundling'' other parcels of cargo with the oversize parcel? If not, 
under what circumstances, if any, should shippers be allowed to 
``bundle'' their cargoes, so long as this is not done merely to avoid 
using U.S.-flag carriers?
    (9) Should MARAD allow a ``To Be Named'' (TBN) vessel on the 
initial waiver request form to facilitate early (45 days or more) 
notice providing, however, that no waiver is granted without a specific 
vessel being named?
    (10) In addition to the current publicly-published sailing 
schedules, should U.S.-flag vessel operators be required to provide 
MARAD, on a regular basis, the particulars of their U.S.-flag vessels 
or equipment, indicating maximum dimensions, weights and types of cargo 
they can handle? Should U.S.-flag carriers be required to furnish 
MARAD, on a regular basis, a forward projection of their U.S.-flag 
fleet anticipated service areas? If yes, how far projected?
    (11) Would the implementation of any changes that would 
substantially relax waiver requirements discourage operators from 
bringing vessels under or keeping vessels under the U.S. flag by 
shrinking the U.S.-flag cargo base? Would such relaxation also deter 
the possibility of the bringing in of new breakbulk or roll-on/roll-off 
tonnage under the U.S.-flag?
    (12) What system could best ensure that the actual shipment (as 
reflected in the bill of lading) conforms to the terms, conditions, and 
specifications of the waiver granted?

    By order of the Maritime Administrator.
Edmund T. Sommer, Jr.,
Acting Secretary, Maritime Administration.
[FR Doc. 96-32656 Filed 12-23-96; 8:45 am]
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