[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Proposed Rules]
[Pages 25010-25012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9433]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 388

[Docket Number: MARAD-2005-21105]
RIN 2133-AB50


Application Fee Increase for Administrative Waivers of the 
Coastwise Trade Laws

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Maritime Administration (MARAD) proposes to increase the 
application fee for administrative waivers of the coastwise trade laws 
from $300 to $500. The increased fee would align the application fee 
with the actual cost of processing and issuing each waiver.

DATES: Comments are due June 13, 2005.

[[Page 25011]]


ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
MARAD-2005-21105] by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 7th St., SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 7th St., SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number for this rulemaking. Note that all comments received will 
be posted without change to http://dms.dot.gov including any personal 
information provided. Please see the Privacy Act heading under 
Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 7th St., SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sharon Cassidy, Office of Ports and 
Domestic Shipping, Maritime Administration, MAR-830, 400 7th St., SW., 
Rm. 7201 Washington, DC 20590; telephone: (202) 366-5506.

SUPPLEMENTARY INFORMATION: Title V of the Independent Offices 
Appropriations Act of 1952 (``IOAA''; 31 U.S.C. 9701) authorizes 
Federal agencies to establish and collect user fees. The statute 
provides that each service or thing of value provided by an agency 
should be self-sustaining to the extent possible, and that each charge 
shall be fair and based on the costs to the Government, the value of 
the service or thing to the recipient, the policy or interest served, 
and other relevant factors. 31 U.S.C. 9701.
    The primary guidance for implementation of the IOAA is Office of 
Management and Budget (OMB) Circular No. A-25 (``User Charges,'' July 
8, 1993). Circular A-25 directs agencies to assess user charges against 
identifiable recipients for special benefits derived from Federal 
activities beyond those received by the general public. Circular A-25, 
section 6. Circular A-25 further directs agencies, with limited 
exceptions, to recover the full cost of providing a Government service 
from the direct recipients of special benefits. Section 6(d) of 
Circular A-25 defines ``full cost'' as including ``all direct and 
indirect costs to any part of the Federal Government of providing a 
good, resource, or service.''
    Pursuant to these directives, MARAD is proposing to increase the 
application fee for administrative waivers of the coastwise trade laws 
under 46 CFR part 388 for eligible small vessels. Under 46 CFR part 
388, owners of small passenger vessels may apply for waivers of the 
U.S.-build requirements of the Passenger Vessel Services Act and 
section 27 of the Merchant Marine Act, 1920, to allow the carriage of 
no more than 12 passengers for hire in the coastwise trade. Because 
waivers under part 388 represent special benefits to identifiable 
recipients (i.e., vessel owners) that are beyond the benefits and 
services normally received by the general public, the IOAA and Circular 
A-25 direct MARAD to assess user fees for providing this service. The 
current application fee for a waiver is $300. MARAD proposes to 
increase this fee to $500 as set forth below.
    Following the principles embodied in Circular A-25, MARAD examined 
the costs associated with processing and issuing waivers under part 388 
to determine if the current $300 fee recovers the full costs of 
administering the program. The main cost components of the program 
include direct and indirect personnel costs and Federal Register 
publication costs. Our review of the program determined that average 
personnel costs for processing each uncontested application are $204.50 
and $1,118.50 for each contested application (on average, 7% of all 
waiver applications are contested, based on the 236 applications 
sampled for our analysis). Thus, the total average personnel costs are 
$268.48 for processing each application. The second main cost component 
of the program is the cost of publishing notices of waiver applications 
in the Federal Register. The current Federal Register publication cost 
is $155 per column and the average length of a public notice published 
for this program is 1.5 columns. Thus, the total average publication 
cost is $232.50. The sum total of personnel costs and Federal Register 
publication costs is $500.98. Therefore, MARAD is proposing to raise 
the application fee from $300 to $500 in order to recover these costs.

Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed 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 proposed rule 
is not likely to result in an annual effect on the economy of $100 
million or more. This proposed 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 economic impact 
associated with this rulemaking are considered to be so minimal that no 
further analysis is necessary.

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.), the Maritime Administrator certifies that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities. While this proposed rule, if promulgated, will affect 
businesses that qualify as small entities under Small Business 
Administration guidelines, MARAD does not believe that the modest 
increase in this one-time, non-recurring fee (unless an applicant must 
reapply due to a revocation) will result in a significant economic 
impact on small entities. Further, MARAD is required under Federal 
directives to assess recipients of special governmental services 
reasonable charges to recover the costs of providing such services.

Federalism

    We have analyzed this proposed 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 effects 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 proposed 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

[[Page 25012]]

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

Environmental Impact Statement

    We have analyzed this proposed 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 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 proposed rule is required.

Unfunded Mandates Reform Act of 1995

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

Paperwork Reduction Act

    This proposed rule contains information collection requirements 
covered by the Office of Management and Budget approval number 2133-
0529. The changes have no impact on the reporting burden.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

List of Subjects in 46 CFR Part 388

    Administrative practice and procedure, Maritime carriers, Passenger 
vessels, Reporting and recordkeeping requirements.
    Accordingly, the Maritime Administration amends 46 CFR chapter II, 
subchapter J, by revising part 388 as follows:

PART 388--ADMINISTRATIVE WAIVERS OF THE COASTWISE TRADE LAWS

    1. The authority citation for part 388 continues to read as 
follows:

    Authority: 46 App. U.S.C. 1114(b); Public Law 105-383, 112 Stat. 
3445 (46 U.S.C. 12106 note); 49 CFR 1.66.

    2. Amend Sec.  388.3 by revising paragraph (a)(1) and the 
introductory text of paragraph (a)(2) to read as follows:


Sec.  388.3  Application and fee.

    (a) * * *
    (1) The application form contained on MARAD's Web site at http://www.marad.dot.gov may be submitted electronically with credit card or 
Automated Clearinghouse (ACH) payment of the $500 application fee.
    (2) Alternatively, applicants may send written applications to 
Small Vessel Waiver Applications, Office of Ports and Domestic 
Shipping, MAR-830, Room 7201, 400 7th St., SW., Washington, DC 20590. 
Written applications need not be in any particular format, but must be 
signed, be accompanied by a check for $500 made out to the order of 
``Maritime Administration'', and contain the following information:
* * * * *

    Dated: May 6, 2005.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 05-9433 Filed 5-11-05; 8:45 am]
BILLING CODE 4910-81-P