[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Rules and Regulations]
[Pages 61448-61452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23361]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Parts 232, 281, 287, 295, 298, 310, 355, 380 and 390

[Docket Number: MARAD-2003-16238]
RIN 2133-AB64


Electronic Options for Transmitting Certain Information 
Collection Responses to MARAD

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Maritime Administration (MARAD) is publishing this final 
rule to offer electronic submission options to respondents for 
submission of information that is collected from them under the 
approved information collections identified in this final rule. These 
information collections are needed by MARAD in order to conduct 
business between MARAD and respondents. This action is part of MARAD's 
implementation of the Government Paperwork Elimination Act (GPEA).

DATES: This final rule is effective October 19, 2004.

FOR FURTHER INFORMATION CONTACT: Richard Weaver, Director, Office of 
Management and Information Services, Maritime Administration, MAR-310, 
Room 7301, 400 Seventh Street, SW., Washington, DC 20590; telephone: 
(202) 366-2811; FAX: (202) 366-3889, or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: MARAD recognizes that information technology 
and the Internet are transforming the ways we communicate with our 
customers. Also, expanding E-Government is one of five government-wide 
initiatives in the President's Management Agenda and includes 
implementation of the Government Paperwork Elimination Act (GPEA). 
Under the E-Government initiative, agencies are to offer the option for 
respondents to transmit by electronic means information collections 
that are required by those agencies whenever such transmission is 
practicable.
    On November 5, 2003, MARAD published an interim final rule in the 
Federal Register (68 FR 62535, November 5, 2003) requesting comments 
regarding the practicability of using electronic submissions for 
certain information collections prescribed in 46 CFR Parts 200-499. No 
comments were received on the interim final rule.
    In the interim final rule, a mistake was made in the amendatory 
language that inadvertently deleted several paragraphs from 46 CFR 
281.1 (under paragraph designation (f)). This final rule corrects the 
error by adding the deleted paragraphs back to section 281.1.

Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    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 is not 
likely to result in an annual effect on the economy of $100 million or 
more. 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 
associated with this rulemaking are considered to be so minimal that no 
further analysis is necessary. This final rule is intended only to 
allow timely as well as fair and efficient employment of electronic 
transmission technologies for the information collections identified in 
this rule.

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 found good cause under 5 U.S.C. 
553(b)(3)(B) for not providing notice and comment when it published its 
interim final rule since it only implements the Government Paperwork 
Elimination Act and merely allows the regulated public an opportunity 
to submit certain required information via electronic means. Under 5 
U.S.C. 553(d)(3), MARAD finds that, for the same reasons listed above, 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register.

Regulatory Flexibility Act

    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 provides the electronic option for 
transmitting responses to MARAD for the information collections 
identified in the final rule.

Federalism

    We have 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. These 
regulations have no substantial effect on the States, the current 
Federal-State relationship, or the current distribution of power and 
responsibilities among local officials. Therefore, consultation with 
State and local officials is 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.

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

[[Page 61449]]

exclusions 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 final rule is required. This final rule 
involves administrative and procedural regulations that have no 
environmental impact.

Unfunded Mandates Reform Act of 1995

    This final rule 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 final rule is the least burdensome alternative that achieves this 
objective of U.S. policy.

Paperwork Reduction Act

    This final rule contains information collection requirements 
covered by OMB approval numbers identified in the final rule under 5 
CFR Part 1320, pursuant to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

List of Subjects

46 CFR Part 232

    Maritime carriers, Reporting and recordkeeping requirements, 
Uniform System of Accounts.

46 CFR Part 281

    Administrative practice and procedure, Grant programs--
transportation, Maritime carriers, Reporting and recordkeeping 
requirements.

46 CFR Part 287

    Fishing vessels, Income taxes, Investments, Maritime carriers, 
Reporting and recordkeeping requirements, Vessels.

46 CFR Part 295

    Maritime carriers, Reporting and recordkeeping requirements.

46 CFR Part 298

    Loan programs--transportation, Maritime carriers, Reporting and 
recordkeeping requirements.

46 CFR Part 310

    Federal Aid Programs, Reporting and recordkeeping requirements, 
Schools, Seamen.

46 CFR Part 355

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

46 CFR Part 380

    Administrative practice and procedure, Grant programs--
transportation, Maritime carriers, Reporting and recordkeeping 
requirements.

46 CFR Part 390

    Income taxes, Investments, Maritime carriers, Reporting and 
recordkeeping requirements.

0
Accordingly, 46 CFR Chapter II is amended as follows:

PART 232--UNIFORM FINANCIAL REPORTING REQUIREMENTS

0
1. The authority citation for part 232 continues to read as follows:

    Authority: Sec. 204(b), Merchant Marine Act, 1936, as amended 
(46 App U.S.C. 1114(b)); 49 CFR 1.66.

0
2. Amend Sec.  232.2 by revising paragraph (d) to read as follows:


Sec.  232.2  General instructions.

* * * * *
    (d) Submission of questions. (1) A contractor may submit in 
writing, or by electronic options (such as facsimile and Internet), if 
practicable, any question involving the interpretation of any provision 
of this part for consideration and decision to the Director, Office of 
Financial and Rate Approvals, for the Maritime Security Program, or 
Director, Office of Ship Financing, for the Maritime Loan Guarantee 
Program (Title XI), Maritime Administration, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590. Appeals 
from such interpretation will be in accordance with the interpretation 
letter.
    (2) A contractor who has a question of financial accounting or 
reporting procedure pending before the Maritime Administration at the 
time a financial report is due shall file the report in accordance with 
established scheduled dates. The contractor shall include in the report 
a footnote disclosure that adequately describes the question pending, 
the manner of presentation in the report, and the relative impact on 
the balance sheet and income statement, respectively.
* * * * *

0
3. Section 232.6 is amended by revising paragraphs (a) and (b) to read 
as follows:


Sec.  232.6  Financial report filing requirement.

    (a) Reporting Frequency and Due Dates. The contractor shall file a 
semiannual financial report and an annual financial report, in the 
format referred to in Sec.  232.1(a)(2), which MARAD shall make 
available to the contractor. This Form MA-172 (Revised) shall be 
prepared in accordance with generally accepted accounting principles 
and modified to the extent necessary to comply with this regulation. 
The annual financial report shall be reconciled to the financial 
statements audited by independent certified public accountants (CPAs) 
licensed to practice by a state or other political subdivision of the 
United States, or licensed public accountants licensed to practice by 
regulatory authority or other political subdivision of the United 
States on or before December 31, 1970. Both the annual and semiannual 
financial reports shall be due within 120 days after the close of the 
contractor's annual or semiannual accounting period. If certified (CPA) 
statements are not available when required, company certified 
statements are to be submitted within the due dates, and the CPA 
statements shall be submitted as soon as available. The respondent may, 
in place of any Schedule(s) contained in the Form MA-172, submit a 
schedule or schedules from its audited financial statements, or a 
computer print-out or schedule, consistent with the instructions 
provided in the MARAD formats. MARAD will accept electronic options 
(such as facsimile and Internet) for transmission of required 
information to MARAD, if practicable.
    (b) Certification. Annual and semiannual reports shall be approved 
by the Respondent and Official of Respondent whom MARAD may contact 
regarding the report in the reporting formats prescribed as the MA-172 
submission.
* * * * *

PART 281--INFORMATION AND PROCEDURE REQUIRED UNDER LINER OPERATING-
DIFFERENTIAL SUBSIDY AGREEMENTS

0
4. The authority citation for part 281 continues to read as follows:

    Authority: Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114. 
Interpret or apply sec. 606, 49 Stat. 2004, as amended; 46 U.S.C. 
1176.


0
5. Section 281.1 is amended by revising paragraph (f) to read as 
follows:

[[Page 61450]]

Sec.  281.1  Information and procedure required under liner operating-
differential subsidy agreements.

* * * * *
    (f) Current financial reports. Each operator shall prepare current 
financial reports as specified in this paragraph and shall submit one 
copy each to the appropriate Region Director of the Maritime 
Administration and three copies each to the Director, Office of 
Financial and Rate Approvals, Maritime Administration, Washington, DC 
20590. MARAD will accept electronic options (such as facsimile and 
Internet) for transmission of required information to MARAD, if 
practicable.
    (1) Internal management reports. Each month the operator shall 
submit copies of such portions of its internal management reports that 
provide an estimate of its current operating results.
    (2) Quarterly balance sheets. The operator shall prepare balance 
sheets as of March 31, June 30, and September 30 of each calendar year 
in conformity with section 282.6(A) of the Uniform System of Accounts 
(Part 282 of this chapter) and shall submit each as soon as practicable 
but not later than 45 days after the end of the respective quarter.
    (3) Quarterly and cumulative income statements. The operator shall 
prepare income statements for the quarterly periods January 1, to March 
31, April 1 to June 30, and July 1 to September 30, and for cumulative 
periods from January 1 to the end of the second and third quarters of 
each calendar year in conformity with section 282.6(B) of the Uniform 
System of Accounts (Part 282 of this chapter) and shall submit each 
statement as soon as practicable but not later than 45 days after the 
end of the respective quarter.
    (4) Annual financial report. The operator shall submit Maritime 
Administration Form 172 for each calendar year by March 31 of the 
succeeding year. If the operator is unable to submit Form 172 by March 
31 of the succeeding year he shall, prior to such March 31, request an 
extension for the filing of Form 172 from the Director, Office of 
Financial and Rate Approvals and shall submit by such March 31:
    (i) A balance sheet for the year ending on December 31, in 
conformity with section 282.6(A) of the Uniform Systems of Accounts; 
and
    (ii) An income statement for the quarterly period October 1 to 
December 31 and an income statement for the year ending on December 31, 
in conformity with section 282.6(B) of the Uniform System of Accounts.
    (5) Vessel performance reports. Vessel performance reports shall be 
prepared for the period January 1 to March 31 of each calendar year, 
and from January 1 to the end of each succeeding quarter of the 
calendar year, in the form provided in Exhibit A of paragraph (f)(7) of 
this section and consistent with the allocation bases provided in 
paragraph (f)(6) of this section and shall include:
    (i) A grand summary of all terminated voyage results for the 
reporting period including any idle status period occurring during the 
reporting period and any additional charges or credits from prior 
terminated periods;
    (ii) Summaries of each service by vessel type, as indicated in 
Exhibit (D) of paragraph (7) of this section, as of December 31 of each 
year;
    (iii) Individual reports by vessel for each idle status period 
occurring during any reporting period.
    (A) Vessel performance reports shall be submitted with the 
quarterly balance sheets and income statements required under 
paragraphs (f)(2) and (3) of this section and must be reconciled with 
voyage revenue and expense from all operations as reported in the 
income statement.
    (B) ``Depreciation Vessels'' is an example of a reconciling item. 
Vessel performance reports which are properly prepared and filed will 
satisfy the reporting requirements for sub-schedules 3002 of the 
Maritime Administration Form 172.
    (6) Allocation bases. The allocation bases to be applied in 
preparation of vessel performance reports required by paragraph (f)(5) 
of this section are as follows:
    (i) Terminal expenses. Terminal expenses defined by accounts 855 
through 866 of the Uniform System of Accounts (Sec.  282.3(E) of this 
chapter), including depreciation accounts, for each terminal shall be 
allocated between terminated and unterminated voyages on the basis of 
freight payable tons loaded and discharged on each vessel and voyage 
during the reporting period, except that in the case of terminals 
handling only one cargo carriage technology type (CCTT), which can be 
expressed in common units such as twenty-foot equivalent container 
units (TEU's) or the number of individual barges, such common unit may 
be used for allocating terminal expenses by vessel and voyage for each 
terminal, as shown in Exhibit B of paragraph (f)(7) of this section.
    (ii) Container/barge expense--
    (A) Allocation of expense. Container/barge expense defined by 
accounts 867 through 899 of the Uniform System of Accounts (Sec.  
282.3(F) of this chapter), including depreciation accounts, shall be 
segregated between container and barge cost pools. Accounts 879, 880, 
and 894 shall be allocated between container and barge cost pools on an 
allocation basis developed by the operator.
    (B) Allocation of cost pools. Container and barge cost pools shall 
be allocated among vessels by voyage and idle status for each vessel in 
the same ratio that the total container or barge capacity of each 
vessel multiplied by vessel days bears to the total container or barge 
capacity of the operator's entire fleet multiplied by vessel days. 
Total container or barge capacity of a vessel means the total container 
or barge capacity of the vessel, expressed in TEU's for containers and 
single units for barges, multiplied by the total number of containers 
or barges acquired for each available container or barge slot on the 
vessel. Vessel days means the number of days in the period for which an 
allocation of cost pools is being made. Containers and barges purchased 
by an operator for utilization in a particular trade route shall be 
allocated by vessel capacity among the vessels in the trade route for 
which they were purchased. See Exhibit C of paragraph (f)(7) of this 
section.
    (iii) Administrative and general expenses. Administrative and 
general expenses defined by accounts 901 through 979 of the Uniform 
System of Accounts (Sec.  282.3(G) of this chapter) shall be allocated 
to terminated voyages for each vessel type by service or for each 
vessel by voyage, as required by paragraph (f)(5) of this section, 
based on the ratio that total terminated voyage operating expenses 
(accounts 701-773 of the Uniform System of Accounts) plus total 
terminated voyage operating revenue (accounts 601-624 of the Uniform 
System of Accounts) for each bears to the total terminated voyage 
operating expense plus total terminated voyage operating revenue for 
the period, except that account 945 (advertising passengers) will be 
allocated directly to passenger vessels based on passengers carried, 
account 955 (contributions to pools) may be allocated as an 
administrative and general expense or directly to vessel and voyage 
based on pool statements, and that portion of accounts 960 and 961 
(interest expense) representing interest on vessels shall be allocated 
to vessels and voyages in the same ratio that depreciation is 
distributed among all vessels in the fleet. In addition to the above 
exceptions, significant interest expenses related to purchases of 
containers and barges should be charged directly to container and barge 
pools prior to allocation of the container and barge pools.
    (7) Exhibits.


[[Page 61451]]


A. Vessel performance report.\1\
---------------------------------------------------------------------------

    \1\ Exhibit A filed as part of the original document.
---------------------------------------------------------------------------

B. Sample allocation of terminal expenses by vessel and voyage.
C. Sample allocation of container/barge expenses by vessel and 
voyage.
D. Examples of vessel types currently operated.
* * * * *

PART 287--ESTABLISHMENT OF CONSTRUCTION RESERVE FUNDS

0
6. The authority citation for part 287 continues to read as follows:

    Authority: Secs. 204, 511, 49 Stat. 1987, as amended, 54 Stat. 
1106, as amended; 46 U.S.C. 1114, 1161.

0
7. Section 287.4 is amended by revising paragraph (a) to read as 
follows:


Sec.  287.4  Application to establish fund.

    (a) Any person claiming to be entitled to the benefits of section 
511 of the Act may make application, in writing, to the Administration 
for permission to establish a construction reserve fund. The original 
application shall be executed and verified by the taxpayer, or if the 
taxpayer is a corporation, by one of its principal officers, in 
triplicate, and shall be accompanied by eight conformed copies when 
filed with the Administration. MARAD will accept electronic options 
(such as facsimile and Internet) for transmission of required 
information to MARAD, if practicable.
* * * * *

PART 295--MARITIME SECURITY PROGRAM (MSP)

0
8. The authority citation for part 295 continues to read as follows:

    Authority: 46 App. U.S.C. 1171 et seq., 46 App. U.S.C. 1114 (b), 
49 CFR 1.66.


0
9. Section 295.11 is amended by revising paragraph (b) introductory 
text to read as follows:


Sec.  295.11  Applications.

* * * * *
    (b) Action by the Applicant. Applicants for MSP Payments shall 
submit information on the following (Note: MARAD will accept electronic 
options (such as facsimile and Internet) for transmission of required 
information to MARAD, if practicable):
* * * * *

0
10. Section 295.23 is amended by revising the introductory text to read 
as follows:


Sec.  295.23  Reporting requirements.

    The Contractor shall submit to the Director, Office of Financial 
and Rate Approvals, Maritime Administration, 400 Seventh St., SW., 
Washington, DC 20590, one of the following reports, including 
management footnotes where necessary to make a fair financial 
presentation [Note: MARAD will accept electronic options (such as 
facsimile and Internet) for transmission of required information to 
MARAD, if practicable.]:
* * * * *

PART 298--OBLIGATION GUARANTEES

0
11. The authority citation for part 298 continues to read as follows:

    Authority: 46 App. U.S.C. 1114(b), 1271 et seq.; 49 CFR 1.66.

0
12. Section 298.3 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  298.3  Applications.

    (a) * * *
    (1) Complete Form MA-163 and send it to the Secretary, Maritime 
Administration, U.S. Department of Transportation, 400 Seventh Street, 
SW., Washington, DC 20590. [Note: MARAD will accept electronic options 
(such as facsimile and Internet) for transmission of required 
information (excluding closing documents and documents submitted in 
connection with defaults) to MARAD, if practicable.]
* * * * *

0
13. Section 298.13 is amended by revising paragraph (c)(2) introductory 
text to read as follows:


Sec.  298.13  Financial requirements.

* * * * *
    (c) * * *
    (2) Financial Information. You must provide us with financial 
statements, prepared in accordance with U.S. generally accepted 
accounting principles (GAAP), and include notes that explain the basis 
for arriving at the figures except that for Eligible Export Vessels, 
your financial statements must be in accordance with GAAP if formed in 
the U.S., or reconciled to GAAP if formed in a foreign country unless a 
satisfactory justification is provided explaining the inability to 
reconcile. The financial statements must include the following [Note: 
MARAD will accept electronic options (such as facsimile and Internet) 
for transmission of required information to MARAD, if practicable.]:
* * * * *

PART 310--MERCHANT MARINE TRAINING

0
14. The authority citation for part 310 continues to read as follows:

    Authority: 46 App. U.S.C. 1295; 49 CFR 1.66.


0
15. Section 310.57 is amended by revising paragraph (a) to read as 
follows:


Sec.  310.57  Application and selection of midshipmen.

    (a) Application. All candidates shall submit an application for 
admission to the Academy's Admissions Office. Prospective candidates 
also should submit an application, but are not considered official 
candidates until their nominations are received. Candidates shall 
submit with their applications an official transcript and personality 
record from the candidate's high school and, if applicable, such 
records from any school attended after high school graduation. 
Application forms are available upon request by writing to the 
Admissions Office at the Academy. MARAD will accept electronic options 
(such as facsimile and Internet) for transmission of only Part I of 
required information to MARAD, if practicable.
* * * * *

PART 355--REQUIREMENTS FOR ESTABLISHING UNITED STATES CITIZENSHIP

0
16. 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
17. Section 355.1 is amended by revising paragraphs (b) and (c) to read 
as follows:


Sec.  355.1  General.

* * * * *
    (b) As used in this part, the term ``primary corporation'' 
includes, but not exclusively, an applicant, for, or one already 
receiving, benefits under the Merchant Marine Act, 1936, as amended, as 
well as participants in certain transactions, such as banking 
institutions designated as lenders, mortgagees, and trustees pursuant 
to Public Law 89-346 (73 Stat. 597), as amended.
    (c) To satisfy the statutory requirements, an Affidavit of U.S. 
Citizenship of a primary corporation by one of its officers duly 
authorized to execute such Affidavit, should be submitted. This 
affidavit should contain facts from which the corporation's citizenship 
can be determined. MARAD

[[Page 61452]]

will accept electronic options (such as facsimile and Internet) for 
transmission of required information to MARAD, if practicable.

PART 380--PROCEDURES

0
18. The authority citation for part 380 continues to read as follows:

    Authority: Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114.

0
19. Section 380.22 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec.  380.22  Responsibility.

* * * * *
    (b) With respect to books, records, and accounts which, subject to 
the provision of paragraph (a) of this section, are to be disposed of 
upon the expiration of the minimum retention period prescribed herein, 
there shall be filed with the Records Officer, Maritime Administration, 
Washington, DC, 20590, a written notification, at least thirty (30) 
days prior to the contemplated, disposal requesting permission to 
dispose of records. MARAD will accept electronic options (such as 
facsimile and Internet) for transmission of required information to 
MARAD, if practicable. The request shall be in such form that the 
books, records, and accounts can be readily identified. Within thirty 
(30) days after receipt of such notification the Records Officer shall 
grant approval for disposal, or advise the necessity for continued 
retention of all or any specified portion thereof. Failure of the 
Record Officer to reply within the thirty (30) days period following 
receipt by the Administration of such request shall constitute 
approval.
    (c) Applications for special authority to dispose of certain books, 
records, and accounts prior to the expiration of prescribed minimum 
retention periods, and any inquiries as to the interpretation or 
applicability of this subpart to specific items shall be submitted to 
the Records Officer, Maritime Administration. MARAD will accept written 
or electronic options (such as facsimile and Internet) for transmission 
of required information to MARAD, if practicable. The applicant shall 
describe in detail the items to be disposed of and explain why 
continued retention is unnecessary.

0
20. Section 380.23 is revised to read as follows:


Sec.  380.23  Supervision of records.

    (a) Contractors and others subject to the provisions of this 
subpart shall designate, through formal action, the official company 
position by title, the incumbent of which shall be responsible for 
supervision of its document retention and disposal program. Immediately 
upon designation of the position, a copy of the formal action and name 
of the incumbent shall be filed with the Records Officer, Maritime 
Administration. MARAD will accept written or electronic options (such 
as facsimile and Internet) for transmission of required information, if 
practicable.
    (b) The person in charge of the retention and disposal program 
shall maintain a record of all books, records, and accounts held in 
storage, and in such form that the items and their location are readily 
identifiable. A copy of the written, or by electronic options (such as 
facsimile and Internet), if practicable, notification requesting 
permission to dispose of any books, records, and accounts, and the 
original approval from the Administration, as required in Sec.  
380.22(b), together with a statement showing date, place and method of 
disposal will suffice as a record of such disposed items. These 
retention and disposal records shall be available at all times for 
inspection by Administration officials and auditors.

PART 390--CAPITAL CONSTRUCTION FUND

0
21. The authority citation for part 390 continues to read as follows:

    Authority: Sections 204(b) and 607, Merchant Marine Act, 1936, 
as amended (46 App. U.S.C. 1114(b) and 1177); 49 CFR 1.66.


0
22. Section 390.2 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  390.2  Application for an agreement.

    (a) In general--(1) Application instructions. The Maritime 
Administrator has adopted instructions for making application for an 
agreement. These instructions are contained in appendix I to this part. 
MARAD will accept electronic options (such as facsimile and Internet) 
for transmission of required information to MARAD, if practicable.
* * * * *

    By Order of the Maritime Administrator.

    Dated: October 13, 2004.
Joel C. Richard,
Secretary, Maritime Administration.

[FR Doc. 04-23361 Filed 10-18-04; 8:45 am]
BILLING CODE 4910-81-P