[Federal Register Volume 65, Number 239 (Tuesday, December 12, 2000)]
[Rules and Regulations]
[Pages 77521-77523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31528]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 207

[Docket No. MARAD-2000-8464]
RIN 2133-AB43


Statistical Data for Use in Operating-Differential Subsidy 
Application Hearings

AGENCY: Maritime Administration, Transportation.

ACTION: Final rule.

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[[Page 77522]]

SUMMARY: The Maritime Administration (MARAD, we, our, or us) is 
removing Part 207--Statistical Data for Use in Operating-Differential 
Subsidy Application Hearings (part 207). Statutory changes of the 
Maritime Security Act of 1996 provided that a hearing process would no 
longer apply to the operating-differential subsidy (ODS) program. 
Moreover, Congress withdrew MARAD's authority to grant new ODS 
contracts.

DATES: This final rule is effective on December 12, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Edmond J. Fitzgerald, Office of 
Insurance and Shipping Analysis, (202) 366-2400. You may send mail to 
Mr. Fitzgerald at Maritime Administration, Office of Insurance and 
Shipping Analysis, Room 8117, 400 Seventh Street, SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION:

Background

    This final rule is a result of a review of our regulations pursuant 
to Executive Order 12866 Regulatory Planning and Review and the 
Department of Transportation's Regulatory Policies and Procedures. Both 
directives require review of our existing regulations to determine 
whether they need to be revised or removed. We are removing part 207 
because it is no longer necessary. Statutory changes of the Maritime 
Security Act of 1996 provided that a hearing process would no longer 
apply to the ODS program (46 App. U.S.C. 1185a). We find good cause 
under 5 U.S.C. 553(b) of the Administrative Procedure Act to forgo 
notice and public comment because these procedures would be 
impracticable and unnecessary. We also find good cause to make this 
rule effective upon the date of publication as it presents no 
substantive issue.
    The Merchant Marine Act of 1936, as amended (the Act), established 
various programs aimed at fostering and maintaining a U.S. merchant 
marine capable of meeting the needs of U.S. commerce and national 
defense. One of the key programs under the Act was the payment of ODS 
to qualified U.S.-flag shipping companies for the operation of ships in 
essential foreign commerce for the United States. This program sought 
to equalize the disparity in operating costs between American ships and 
their foreign competitors relative to wages of officers and crews, 
insurance, and maintenance and repairs not covered by insurance.
    Part 207 identified the basic statistical data and reports required 
by the Maritime Subsidy Board in hearings held under section 605(c) of 
the Act for ODS applications and provided procedures for the production 
of these data and reports. The ODS program largely expired at the end 
of 1997 and was replaced by the Maritime Security Program (MSP) 
authorized in the Maritime Security Act of 1996 (46 App. U.S.C. 1185a; 
1187 et seq.).
    We are removing part 207 because statutory changes of the Maritime 
Security Act of 1996 provided that a hearing process would no longer 
apply to the ODS program. The statistical data were used in hearings to 
determine if existing U.S.-flag service was adequate. Moreover, 
Congress withdrew MARAD's authority to grant new ODS contracts.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    We have reviewed this final rule under Executive Order 12866 and 
have determined that this is not a significant regulatory action. 
Additionally, this final rule is not likely to result in an annual 
effect on the economy of $100 million or more. This rulemaking removes 
Part 207--Statistical Data for Use in Operating-Differential Subsidy 
Application Hearings. Statutory changes of the Maritime Security Act of 
1996 provided that a hearing process would no longer apply to the ODS 
program.
    This final rule is also not significant under the Regulatory 
Policies and Procedures of the Department of Transportation (44 FR 
11034, February 26, 1979). The costs and benefits associated with this 
rulemaking are considered to be so minimal that no further analysis is 
necessary. Because the economic impact, if any, should be minimal, 
further regulatory evaluation is not necessary.

Regulatory Flexibility Act

    This final rule will not have a significant economic impact on a 
substantial number of small entities. This final rule removes Part 
207--Statistical Data for Use in Operating-Differential Subsidy 
Application Hearings from the Code of Federal Regulations in compliance 
with statutory changes of the Maritime Security Act of 1996 which 
provided that a hearing process would no longer apply to the ODS 
program. Statistical data was used in hearings to determine if existing 
U.S.-flag service was adequate. Adequacy is no longer a criterion for 
granting ODS contracts. Moreover, Congress has withdrawn MARAD's 
authority to grant new ODS contracts. Therefore, MARAD certifies that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

Plain Language

    Executive Order 12866 and the President's memorandum on plain 
language in government writing of June 1, 1998, require each agency to 
write all rules in plain language. The Department of Transportation and 
MARAD are committed to plain language in government writing; therefore, 
we have written this final rule in plain language to provide easier 
understanding. Our goal is clarity, and we invite your comments on how 
to make this final rule easier to understand.

Federalism

    We have analyzed this final rule in accordance with the principles 
and criteria contained in E.O. 13132 (``Federalism'') and have 
determined that it does not have sufficient federalism implications to 
warrant the preparation of a federalism summary impact statement. These 
regulations have no substantial effects on the States, or on the 
current Federal-State relationship, or on the current distribution of 
power and responsibilities among the various local officials. 
Therefore, consultation with State and local officials was not 
necessary.

Environmental Impact Statement

    We have analyzed this final rule for purposes of compliance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and 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), the preparation of an Environmental Assessment, and 
an Environmental Impact Statement, or a Finding of No Significant 
Impact for this final rule is not required. This final rule removes 46 
CFR part 207.

Executive Order 13084

    MARAD does not believe that this final rule will significantly or 
uniquely affect the communities of Indian tribal governments when 
analyzed under the principles and criteria contained in Executive Order 
13084 (``Consultation and Coordination with Indian Tribal 
Governments''). Therefore, the funding and consultation requirements of 
this Executive Order would not apply.

Unfunded Mandates Reform Act of 1995

    This final rule does not impose an unfunded mandate under the 
Unfunded

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Mandates Reform Act of 1995. It does not result in costs of $100 
million or more, in the aggregate, to any of the following: State, 
local, or Native American tribal governments, or the private sector. 
This final rule is the least burdensome alternative that achieves the 
objective of the rule.

Paperwork Reduction Act

    This final rule does not contain information collection 
requirements covered by 5 CFR part 1320 requiring OMB approval.

Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) 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 is contained in the heading of this document to cross-reference 
this action with the Unified Agenda.

List of Subjects in CFR Part 207

    Administrative practice and procedure, Economic statistics, Grant 
programs-transportation.


    Accordingly, under the authority of 46 App. U.S.C. 1114, 46 App. 
U.S.C. 1171 et seq., and as discussed in the preamble, MARAD amends 46 
CFR Chapter II by removing part 207.

    Dated: December 6, 2000.

    By order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 00-31528 Filed 12-11-00; 8:45 am]
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