[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Rules and Regulations]
[Page 11503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5792]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 390

[Docket No. MARAD 2008 0075]
RIN 2133-AB71


Capital Construction Fund

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule; clarification.

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SUMMARY: On September 30, 2008, the Maritime Administration published 
the final rule in this docket to implement provisions of the Energy 
Independence and Security Act of 2007 and amend the definition of a 
``qualified vessel'' under the Capital Construction Fund. The final 
rule was published with an effective date of the date of publication. 
Prior to publication, we inadvertently failed to submit the rule to 
Congress and the General Accounting Office (GAO), as required by the 
Congressional Review provisions in the Small Business Regulatory 
Enforcement Fairness Act (SBREFA). Therefore, the rule was not 
applicable on the date of publication.

DATES: The applicability date for the final rule published at 73 FR 
56738 (September 30, 2008) was March 13, 2009.

FOR FURTHER INFORMATION CONTACT: Murray Bloom, Chief, Division of 
Maritime Programs, Maritime Administration at 202-366-5320, via e-mail 
at [email protected], or by writing to Murray Bloom, Office of the 
Chief Counsel, Maritime Administration, MAR-222, 1200 New Jersey 
Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

    For complete background and regulatory analysis, see the original 
document published September 30, 2008 (73 FR 56741). This final rule 
indicated that it would be effective upon publication. Pursuant to 
Section 553 of the Administrative Procedure Act (APA), codified at 5 
U.S.C. 553, with certain exceptions, substantive rules cannot take 
effect less than 30 days after publication, unless the agency finds 
good cause for doing so and provides a written explanation of any good 
cause found when the rule is published. The Maritime Administration 
(MARAD) provided no justification for the immediate effective date in 
the published rule document and, in fact, MARAD did not intend to avail 
itself of the good cause exception of 5 U.S.C. 553. In addition, in 
accordance with the Congressional Review provisions in SBREFA at 5 
U.S.C. 801(a)(4), a final rule cannot ``take effect'' until the rule is 
submitted to Congress in accordance with 5 U.S.C. 801(a)(1). The rule 
was submitted to Congress on March 12, 2009.
    According to the procedures established by the Administrative 
Committee of the Federal Register under the Federal Register Act (44 
U.S.C. Chapter 15), the amendments to the Code of Federal Regulations 
(CFR) set out in this final rule were incorporated into the CFR on 
September 30, 2008, the effective date of the rule. However, because of 
the issues with the APA and the Congressional Review provisions, this 
rule could not become operative or enforceable until March 13, 2009.
    Accordingly, MARAD acknowledges that the rule was not operative and 
enforceable until March 13, 2009. MARAD further notes that because the 
rule establishes procedures that have not yet been utilized, neither 
the public, nor any regulated entities, were harmed in the interim 
period between publication of the rule and March 13, 2009.

    By Order of the Maritime Administrator.

    Dated: March 9, 2009.
Christine Gurland,
Acting Secretary, Maritime Administration.
 [FR Doc. E9-5792 Filed 3-17-09; 8:45 am]
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