[Federal Register Volume 66, Number 150 (Friday, August 3, 2001)]
[Proposed Rules]
[Pages 40664-40666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19195]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 221

[Docket No. MARAD-2001-10256]
RIN 2133-AB44


Denial of Vessel Transfer to Foreign Registry Upon Revocation of 
Fishery Endorsement

AGENCY: Maritime Administration, Transportation.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Maritime Administration (MARAD, we, our, or us) is 
proposing regulations to amend 46 CFR 221.15 to state that approvals 
will not be granted for the transfer of a Fishing Vessel, Fish 
Processing Vessel, or Fish Tender Vessel to a foreign registry or 
operation under authority of a foreign country when the vessel's 
fishery endorsement has been revoked as a result of the fishing 
capacity reduction program for crab fisheries established by the 
Secretary of Commerce. Pub. L. 106-554 requires that the Secretary of 
Transportation shall refuse to grant the approval required under 
section 9(c)(2) of the Shipping Act of 1916 for the placement of a 
Fishing Vessel, Fish Processing Vessel, or Fish Tender Vessel under 
foreign registry or the operation of such vessel under the authority of 
a foreign country when the vessel's fishery endorsement has been 
revoked under the Secretary of Commerce's fishing capacity reduction 
program. The intended effect of this rulemaking is to clearly state in 
the regulation that approvals required under section 9(c)(2) of the1916 
Act will not be granted in the circumstances described.

DATES: You should submit your comments early enough to ensure that 
Docket Management receives them not later than October 2, 2001.

ADDRESSES: Your comments should refer to docket number [MARAD-2001-
10256]. You may submit your comments in writing to: Docket Clerk, U.S. 
DOT Dockets, Room PL-401, 400 7th St., SW, Washington, DC 20590. You 
may also submit them electronically via the In-
ternet at http://dmses.dot.gov/submit/. You may call Docket Management 
at (202) 366-9324 and visit the Docket Room from 10 a.m. to 5 p.m., 
EST., Monday through Friday, except Federal Holidays. An electronic 
version of this document is available on the World Wide Web at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Edmund T. Sommer, Jr., Chief, Division

[[Page 40665]]

of General and International Law at (202) 366-5181. You may send mail 
to Mr. Sommer at Maritime Administration, Office of Chief Counsel, Room 
7221, 400 Seventh Street, SW, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Comments

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments. We encourage you to write 
your primary comments in a concise fashion. However, you may attach 
necessary additional documents to your comments. There is no limit on 
the length of the attachments. Please submit two copies of your 
comments, including the attachments, to Docket Management at the 
address given above under ADDRESSES.

How Can I Be Sure That My Comments Were Received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Docket Management will return the 
postcard by mail.

How Do I Submit Confidential Business Information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, Maritime Administration, at 
the address given above under FOR FURTHER INFORMATION CONTACT. You 
should mark ``CONFIDENTIAL'' on each page of the original document that 
you would like to keep confidential. In addition, you should submit two 
copies, from which you have deleted the claimed confidential business 
information, to Docket Management at the address given above under 
ADDRESSES. When you send comments containing information claimed to be 
confidential business information, you should include a cover letter 
setting forth with specificity the basis for any such claim.

Will the Agency Consider Late Comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date.

How Can I Read the Comments Submitted By Other People?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket Room are 
indicated above in the same location. You may also see the comments on 
the Internet. To read the comments on the Internet, take the following 
steps: Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (http://dms.dot.gov/). On that page, click 
on ``search.'' On the next page (http://dms.dot.gov/search/), type in 
the five-docket number shown at the beginning of this document. The 
docket number for this document is [10256]. After typing the docket 
number, click on ``search.'' On the next page, which contains docket 
summary information for the docket you selected, click on the desired 
comments. You may download the comments. Please note that even after 
the comment closing date, we will continue to file relevant information 
in the Docket as it becomes available. Further, some people may submit 
late comments. Accordingly, we recommend that you periodically check 
the Docket for new material.

Background

    Pub. L. 106-554 requires the Secretary of Commerce to implement a 
fishing reduction program for crab fisheries included in the Fishery 
Management Plan for Commercial King and Tanner Crab Fisheries in the 
Bering Sea and Aleutian Islands. The Secretary of Commerce must notify 
the Secretary of Transportation which vessels are being removed from 
the fishery and request that the Secretary of Transportation revoke the 
vessel's fishery endorsement and refuse permission to transfer the 
vessel to a foreign flag.
    Section 9 of the Shipping Act, 1916, as amended, (46 App. U.S.C. 
808) governs the transfer of any documented vessel, or any vessel the 
last documentation of which was under the laws of the United States, to 
a foreign registry or operation of that vessel under the authority of a 
foreign country. This rulemaking proposes to amend the general approval 
granted under 46 CFR 221.15. We propose to amend Sec. 221.15 to state 
that approval to place under foreign registry or to operate under the 
authority of a foreign country a Fishing Vessel, Fish Processing 
Vessel, or Fish Tender Vessel that has had its fishery endorsement 
revoked pursuant to Appendix D of PL 106-554, 114 Stat 2763 will not be 
granted.

Plain Language

    Executive Order 12866 requires 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 NPRM in plain language. Our goal is to provide a clear 
regulation. We invite your comments on how to make this proposed rule 
easier to understand.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    We have reviewed this notice of proposed rulemaking under Executive 
Order 12866 and have determined that this is not a significant 
regulatory action. Additionally, this NPRM is not likely to result in 
an annual effect on the economy of $100 million or more. The purpose of 
this NPRM is to ensure that Fishing Vessels, Fish Processing Vessels, 
or Fish Tender Vessels who lose their fishery endorsement in the 
Fishery Management Plan for Commercial King and Tanner Crab Fisheries 
in the Bering Sea and Aleutian Islands will not operate under foreign 
flag or under the authority of a foreign country.
    This NPRM 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 NPRM will not have a significant economic impact on a 
substantial number of small entities. This NPRM only implements a 
statutory mandate to deny approval for a transfer of a vessel to a 
foreign registry or operation under authority of a foreign country when 
the vessel's fishery endorsement has been revoked. This rule does not 
impose a significant economic impact because owners of Fishing Vessels, 
Fish Processing Vessels, or Fish Tender Vessels who lose their fishery 
endorsement have been compensated through the crab fisheries buy-out 
program.
    Therefore, we certify that this NPRM will not have a significant 
economic impact on a substantial number of small entities.

[[Page 40666]]

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 NPRM 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 NPRM is not required.

Executive Order 13175

    MARAD does not believe that this NPRM will significantly or 
uniquely affect the communities of Indian tribal governments when 
analyzed under the principles and criteria contained in Executive Order 
13175 (``Consultation and Coordination with Indian Tribal 
Governments''). Therefore, the funding and consultation requirements of 
this Executive Order do not apply.

Unfunded Mandates Reform Act of 1995

    This NPRM does not impose an unfunded mandate under the Unfunded 
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 NPRM is the least burdensome alternative that achieves the 
objective of the rule.

Paperwork Reduction Act

    This NPRM does not contain information collection requirements.

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 46 CFR Part 221

    Administrative practice and procedure, Maritime carriers, 
Mortgages, Penalties, Reporting and recordkeeping requirements, Uniform 
system of accounts, Trusts and trustees.

    Accordingly, MARAD proposes to amend 46 CFR part 221 to read as 
follows:

PART 221--REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND 
OTHER MARITIME INTERESTS

    1. The authority citation for part 221 continues to read as 
follows: : 46 App. U.S.C. 802, 803, 808, 835, 839, 841a, 1114(b), 1195; 
46 U.S.C. chs. 301 and 313; 49 U.S.C. 336; 49 CFR 1.66.
    2. Section 221.15 is amended by adding an introductory paragraph to 
read as follows:


Sec. 221.15  Approval for transfer of registry or operation under 
authority of a foreign country or for scrapping in a foreign country.

    In no case will approval be granted to place under foreign registry 
or to operate under the authority of a foreign country a Fishing 
Vessel, Fish Processing Vessel, or Fish Tender Vessel that has had its 
fishery endorsement revoked pursuant to Appendix D of Public Law 106-
554, 114 Stat 2763. Subject to this exclusion, approval requests will 
be considered as set forth in this section:
* * * * *

    Dated: July 27, 2001.

    By Order of the Acting Deputy Maritime Administrator.
Murray A. Bloom,
Acting Secretary, Maritime Administration.
[FR Doc. 01-19195 Filed 8-2-01; 8:45 am]
BILLING CODE 4910-81-P