[Federal Register Volume 73, Number 163 (Thursday, August 21, 2008)]
[Rules and Regulations]
[Pages 49357-49358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19255]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 315

[Docket No. MARAD 2008 0076]
RIN 2133-AB73


U.S. Citizenship for Contracts on RRF Vessels

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule.

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SUMMARY: This rulemaking clarifies Maritime Administration regulations 
which require that Agents (including Ship Managers) for the National 
Defense Reserve Fleet (NDRF) appointed by the Maritime Administration 
be United States citizens.

DATES: Effective August 21, 2008.

FOR FURTHER INFORMATION CONTACT: Jay Gordon, Office of the Chief 
Counsel, at (202) 366-5173, via e-mail at [email protected], or by 
writing to: Jay Gordon, Office of the Chief Counsel, Maritime 
Administration, MAR-221, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION:

Background

    This rulemaking clarifies title 46 CFR part 315.5, Appointment of 
an Agent, which requires that Agents (including Ship Managers) for the 
National Defense Reserve Fleet (NDRF) appointed by the Maritime 
Administration be United States citizens, as defined in Sec.  315.3(b). 
This action is taken on the Maritime Administration's initiative.
    Under existing authority, the Department of Defense (DOD) transfers 
vessels to the custody of the Maritime Administration for inclusion in 
the NDRF. Pursuant to that authority, eight Fast Sealift Ships (FSS) 
are being transferred from the Military Sealift Command (MSC) into the 
Ready Reserve Force (RRF) component of the NDRF, effective October 1, 
2008. The eight FSS vessels are currently operated by Maersk Lines 
Limited (MLL) under contract with MSC. Under the terms of this 
transfer, MSC has delegated procuring contracting officer authority for 
the FSS contract to the Maritime Administration, which will provide 
oversight and direction for the remainder of the contract. Since the 
transferred vessels are being maintained and operated under a contract 
awarded by another federal agency, administration of that contract does 
not constitute the appointment of an Agent by the Maritime 
Administration under 46 CFR part 315.5.
    This regulation clarifies the limited duration of performance under 
such contracts.

Program Description

    In this rulemaking, the Maritime Administration is clarifying the 
U.S. citizenship requirements for certain contacts between the owners 
of vessels in the RRF program of the NDRF and the Maritime 
Administration, by the addition of a new section to 46 CFR part 315.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking is not significant under section 3(f) of Executive 
Order 12866, and as a consequence, OMB did not review the rule. This 
rulemaking is also not significant under the Regulatory Policies and 
Procedures of the Department of Transportation (44 FR 11034; February 
26, 1979). It is also not considered a major rule for purposes of 
Congressional review under Public Law 104-121. We believe that the 
economic impact of this rulemaking does not warrant the preparation of 
a full regulatory evaluation since the rulemaking clarifies existing 
regulations set forth in 46 CFR part 315.

Executive Order 13132

    We analyzed this rulemaking 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 herein have no substantial

[[Page 49358]]

effects on the States, the current Federal-State relationship, or the 
current distribution of power and responsibilities among local 
officials. Therefore, we did not consult with State and local officials 
because it was not necessary.

Regulatory Flexibility Act

    The Regulatory Flexibility Act requires us to assess the impact 
that regulations will have on small entities. After analysis of this 
proposed rule, the Maritime Administrator certifies that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities.

Environmental Assessment

    We have analyzed this rule for purposes of compliance with the 
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et 
seq.) and we 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 for this rulemaking is required. This rulemaking 
will not result in any impact on the environment.

Paperwork Reduction Act

    This rule does not establish a new requirement for the collection 
of information. Thus, the Office of Management and Budget (OMB) will 
not be requested to review and approve the information collection 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, 
et seq.).

Unfunded Mandates Reform Act

    This rulemaking does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$100 million or more to either State, local, or tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves this objective of U.S. policy. Department of 
Transportation guidance requires the use of a revised threshold figure 
of $136.1 million, which is the value of $100 million in 2008 after 
adjusting for inflation.

Consultation and Coordination With Indian Tribal Governments

    Executive Order 13175--Consultation and Coordination with Indian 
Tribal Governments, dated November 6, 2000, seeks to establish regular 
and meaningful consultation and collaboration with tribal officials in 
the development of Federal policies that have tribal implications, to 
strengthen the United States government-to-government relationships 
with Indian tribes, and to reduce the imposition of unfunded mandates 
upon Indian tribes. Executive Order 13175 does not apply to this 
regulation as it does not affect, directly or indirectly, Indian 
tribes.

Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned 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 contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

Privacy Act

    You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-19478) or you may visit www.regulations.gov.

List of Subjects in 46 CFR Part 315

    Government contracts, National defense, Vessels.


0
Accordingly, the Maritime Administration amends 46 CFR part 315 as 
follows:

PART 315--AGENCY AGREEMENTS AND APPOINTMENT OF AGENTS

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

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


0
2. Section 315.6 is added to read as follows:


Sec.  315.6  Transferred vessels and contracts.

    The requirements of Sec.  315.5(a)(1) shall not apply to a 
contractor managing vessels owned by the United States under a contract 
or contracts previously awarded by another Federal agency if the 
contract, and the vessels managed under such contract, are subsequently 
transferred to the Maritime Administration, provided the period of 
performance of the transferred contract does not exceed the period of 
performance of the original contract, including options.

    By order of the Maritime Administrator.

     Dated: August 14, 2008.
Leonard Sutter,
Secretary, Maritime Administration.
[FR Doc. E8-19255 Filed 8-20-08; 8:45 am]
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