[Federal Register Volume 69, Number 118 (Monday, June 21, 2004)]
[Rules and Regulations]
[Pages 34309-34311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13788]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Parts 221, 315, and 355

[Docket No. MARAD 2004-18059]
RIN 2133-AB59


Shipping--Technical Amendments

AGENCY: Department of Transportation, Maritime Administration.

ACTION: Final rule.

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SUMMARY: This final rule makes minor technical changes to terms and 
definitions in title 46 of the Code of Federal Regulations (CFR). The 
minor technical changes update the title to conform to 46 App. U.S.C. 
802, which was amended by the Coast Guard Authorization Act of 1998. 
This rulemaking will have no substantive effect on the regulated 
public.

EFFECTIVE DATE: This final rule is effective on June 21, 2004.

FOR FURTHER INFORMATION CONTACT: Murray A. Bloom, Chief, Division of 
Maritime Programs, Office of Chief Counsel, Maritime Administration, 
400 7th Street, SW., Room 7228, Washington, DC 20590; telephone: (202) 
366-5164; fax: (202) 366-3511.

ADDRESSES: This final rule is available for inspection and copying 
between 10 a.m. and 5 p.m., e.t., Monday through Friday, except Federal 
holidays, at the Docket Clerk, U.S. DOT Dockets, Room PL-401, 
Department of Transportation, 400 7th Street, SW., Washington, DC 
20590-0001. An electronic version of this document is available on the 
World Wide Web at http://dms.dot.gov.

SUPPLEMENTARY INFORMATION: MARAD is updating its regulations under 46 
CFR parts 221, 315, and 355 to conform to 46 App. U.S.C. 802, which was 
amended by the Coast Guard Authorization Act of 1998, section 421 of 
Pub. L. 105-383. The changes eliminate references to company or entity 
presidents and instead include such individuals under the category of 
``chief executive officer, by whatever title.''

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review), and Department 
of Transportation (DOT) Regulatory Policies; Pub. L. 104-121

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. This final rule will 
not result in an annual effect on the economy of $100 million

[[Page 34310]]

or more. It also is not considered a major rule for purposes of 
Congressional review under Pub. L. 104-121. 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 overall economic impact of this rulemaking are so minimal 
that no further analysis is necessary.

Administrative Procedure Act

    The Administrative Procedure Act (5 U.S.C. 553) provides an 
exception to notice and comment procedures when they are unnecessary or 
contrary to the public interest. MARAD finds that under 5 U.S.C. 
553(b)(3)(B), good cause exists for not providing notice and comment 
since this final rule only implements minor technical changes to the 
wording of existing regulations under 46 CFR parts 221, 315, and 355, 
which have no substantive effect on the regulated public. Under 5 
U.S.C. 553(d)(3), MARAD finds that, for the same reasons, good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register.

Federalism

    We analyzed this final rule 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 have no substantial effects on the States, the current 
Federal-State relationship, or the current distribution of power and 
responsibilities among various local officials. Therefore, consultation 
with State and local officials was not necessary.

Executive Order 13175

    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 
13175 (Consultation and Coordination with Indian Tribal Governments). 
Therefore, the funding and consultation requirements of this Executive 
Order do not apply.

Regulatory Flexibility

    The Maritime Administrator certifies that this final rule will not 
have a significant economic impact on a substantial number of small 
entities. This final rule only makes minor technical changes to terms 
and definitions in title 46 of the CFR, which have no substantive 
effect on the regulated public.

Environmental Assessment

    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), 
neither the preparation of an Environmental Assessment, an 
Environmental Impact Statement, nor a Finding of No Significant Impact 
is required for this rulemaking. This rulemaking has no environmental 
impact.

Paperwork Reduction Act

    This rulemaking contains no new or amended information collection 
or recordkeeping requirements that have been approved or require 
approval by the Office of Management and Budget.

Unfunded Mandates Reform Act of 1995

    This final rule will not impose an unfunded mandate under the 
Unfunded Mandates Reform Act of 1995. It will 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 U.S. policy.

List of Subjects

46 CFR Part 221

    Administrative practice and procedure, Maritime carriers, 
Mortgages, Penalties, Reporting and recordkeeping requirements, Trust 
and trustees.

46 CFR Part 315

    Government contracts, National defense, Vessels.

46 CFR Part 355

    Citizenship and naturalization, Maritime carriers, Reporting and 
recordkeeping requirements.

0
For the reasons set forth in the preamble, MARAD amends 46 CFR chapter 
II as follows:

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

0
1. The authority citation for part 221 continues to read as follows:

    Authority: 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.

0
2. Amend Sec.  221.3 by revising paragraphs (c)(2) and (c)(4) to read 
as follows:


Sec.  221.3  Definitions.

* * * * *
    (c)* * *
    (2) A corporation organized under the laws of the United States or 
of a State, the Controlling Interest of which is owned by and vested in 
Citizens of the United States and whose chief executive officer, by 
whatever title, chairman of the board of directors and all officers 
authorized to act in the absence or disability of such persons are 
Citizens of the United States, and no more of its directors than a 
minority of the number necessary to constitute a quorum are 
Noncitizens;
* * * * *
    (4) An association organized under the laws of the United States or 
of a State, whose chief executive officer, by whatever title, chairman 
of the board of directors (or equivalent committee or body) and all 
officers authorized to act in their absence or disability are Citizens 
of the United States, no more than a minority of the number of its 
directors, or equivalent, necessary to constitute a quorum are 
Noncitizens, and a Controlling Interest in which is vested in Citizens 
of the United States;
* * * * *

PART 315--AGENCY AGREEMENTS AND APPOINTMENT OF AGENTS

0
3. The authority citation for part 315 continues to read as follows:

    Authority: 50 U.S.C. App. 1744; 49 CFR 1.66.

0
4. Amend Sec.  315.3 by revising paragraphs (b)(2) and (b)(4) to read 
as follows:


Sec.  315.3  Definitions.

* * * * *
    (b)* * *
    (2) A corporation organized under the laws of the United States or 
of a State, the controlling interest of which is owned by and vested in 
Citizens of the United States and whose chief executive officer, by 
whatever title, chairman of the board of directors and all officers 
authorized to act in the absence or disability of such persons are 
Citizens of the United States, and no more of its directors than a 
minority of the number necessary to constitute a quorum are 
noncitizens;
* * * * *
    (4) An association organized under the laws of the United States or 
of a

[[Page 34311]]

State, whose chief executive officer, by whatever title, chairman of 
the board of directors (or equivalent committee or body) and all 
officers authorized to act in their absence or disability are Citizens 
of the United States, no more than a minority of the number of its 
directors, or equivalent, necessary to constitute a quorum are 
noncitizens, and a controlling interest in which is vested in Citizens 
of the United States;
* * * * *

PART 355--REQUIREMENTS FOR ESTABLISHING UNITED STATES CITIZENSHIP

0
5. The authority citation for part 355 continues to read as follows:

    Authority: Secs. 2, 204, 39 Stat. 729, as amended, 49 Stat. 
1987, as amended, 73 Stat. 597; 46 U.S.C. 802, 803, 1114, 11.

0
6. Amend Sec.  355.1 by revising paragraph (a) to read as follows:


Sec.  355.1  General.

    (a) Under section 2, Shipping Act, 1916, as amended and section 
905(c), Merchant Marine Act, 1936, as amended, no corporation is deemed 
to be a citizen of the United States unless:
    (1) It is organized under the laws of the United States or of a 
State, Territory, District, or possession thereof;
    (2) Its chief executive officer, by whatever title, and the 
chairman of its board of directors are citizens of the United States, 
and no more of its directors than a minority of the number necessary to 
constitute a quorum are non-citizens (except that in the case of 
corporations under title VI, Merchant Marine Act, 1936, as amended, all 
directors must be citizens of the United States) and
    (3) The controlling interest therein is owned by citizens of the 
United States or, in the case of a corporation operating any vessel in 
the coastwise trade, on the Great Lakes, or inland lakes of the United 
States, 75 per centum of the interest in such corporation is owned by 
citizens of the United States.
* * * * *

0
7. Amend Sec.  355.2 by revising the introductory text of paragraph 3. 
of the sample Affidavit to read as follows:


Sec.  355.2  Requirements regarding evidence of U.S. citizenship; 
affidavit guide.

* * * * *
Affidavit of U.S. Citizenship
* * * * *
    3. That the names of the Chief Executive Officer, by whatever 
title, Vice Presidents or other individuals who are authorized to act 
in the absence or disability of the Chief Executive Officer, by 
whatever title, the Chairman of the Board of Directors, and the 
Directors of the Corporation are as follows:
* * * * *

    By Order of the Maritime Administrator.

    Dated: June 15, 2004.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 04-13788 Filed 6-18-04; 8:45 am]
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