[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Rules and Regulations]
[Pages 62472-62476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25229]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 389

[Docket No. MARAD-2008-0045]
RIN 2133-AB67


Determination of Availability of Coastwise-Qualified Vessels for 
the Transportation of Platform Jackets

AGENCY: Maritime Administration, DOT.

ACTION: Final rule.

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SUMMARY: The Maritime Administration (MARAD) is publishing this final 
rule to establish regulations governing administrative determinations 
of availability of coastwise-qualified vessels to be used in the 
transportation and, if needed, launch or installation of offshore oil 
drilling or production platform jackets in specified projects only. 
MARAD views this as a special, technical adjustment that does not 
indicate a change in MARAD's full support for other requirements of the 
coastwise laws.
    Specifically, this final rulemaking implements provisions of Public 
Law 108-293 (2004) (the Act) which requires the Secretary of 
Transportation, acting through the Maritime Administrator, to adopt 
procedures to maximize use of coastwise-qualified vessels, but would 
permit the use of non-coastwise-qualified (foreign) launch barges if it 
is determined that coastwise-qualified vessels are not available.

DATES: This final rule will be effective November 12, 2010.

ADDRESSES: For access to the docket to read background documents, go to 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Murray A. Bloom, Chief, Division of 
Maritime Programs, Office of Chief Counsel, Maritime Administration, 
1200 New Jersey Ave., SE., Washington, DC 20590; Ph. (202) 366-5320, 
fax: (202) 366-3511; or e-mail [email protected].

SUPPLEMENTARY INFORMATION: A notice of proposed rulemaking was 
published on August 15, 2005 (70 FR 47771). Three years later an 
interim final rule was published on May 29, 2008 (73 FR 30783).

Public Comments Discussion

    In the Interim Final Rule published on May 29, 2008, MARAD offered 
the public the opportunity to submit comments, which were due by July 
28, 2008. Based on consideration of comments received, MARAD made 
changes incorporated into this final rule.
    MARAD received three sets of comments on the Interim Final Rule 
from three entities. A summary of the comments received and MARAD's 
responses follows:
    Item #1: Two commenters noted that the enabling legislation 
provided that launch barge work can be conducted by any coastwise-
qualified vessel, not exclusively coastwise-qualified launch barges.
    Maritime Administration: MARAD changed the final rule to reflect 
that a coastwise-qualified vessel may meet the definition of a launch 
barge even if it is not capable of launching a platform jacket or needs 
the assistance of other coastwise-qualified vessels in the installation 
of a platform jacket.
    Item #2: Two commenters pointed out that the Interim Final Rule 
contained no incentive for a project owner to search in good faith for 
available coastwise-qualified services.
    Maritime Administration: The rule has been amended to require a 
good faith search for a coastwise-qualified vessel. Refusal to attempt 
to obtain coastwise-qualified vessel services will result in an 
application being disapproved.
    Item #3: One commenter noted that the Interim Final Rule contained 
no transition period to implement the 21-month application process and 
recommended an interim transition period that would require companies 
with offshore projects to make their intentions known at an early time.
    Maritime Administration: MARAD did not amend the regulation to 
specifically provide for a transition period to implement the 21-month 
application process or provide an interim transition period. MARAD does 
not believe a change to the regulation with regard to a transition 
period is required, as the Interim Final Rule already provides the 
agency with the flexibility to adjust due dates on a case-by-case 
basis. Please see Section 389.4 Application and fee, paragraph (2), 
specifically, ``(2) MARAD reserves the right to waive or reduce or 
extend the time requirements based upon its evaluation of any national 
emergency or other situation.''
    Item #4: MARAD also received comments requesting that: (a) The 21-
month advance-notice period be ruled unrealistic, (b) offshore 
contractors and foreign vessel owners, in addition to platform owners 
and operators, should be allowed to apply for waivers, (c) the time 
period for which a waiver is valid should be extended to project 
completion instead of being limited to 120 days, and (d) that it be 
clarified that MARAD has the authority to approve an incomplete 
application for ``good cause'' in certain circumstances.
    Maritime Administration: The issues addressed in items (a) and (b) 
have been discussed and reviewed in previous comment periods. In 
response to item (c), the Interim Final Rule already allows MARAD to 
extend a waiver granted for good cause, which the agency finds 
satisfactory. Regarding item (d), because the Interim Final Rule allows 
for flexibility in the application of deadlines and waiver time 
periods, and because MARAD may give the applicant an opportunity to 
redress any deficiencies in its application, there is enough 
flexibility to effectively administer the application process under the 
public law. Therefore, no rule changes were made based on the comments 
noted above.
    Section 27 of the Merchant Marine Act of 1920, commonly known as 
the Jones Act (46 U.S.C. 55102), requires, with a few exceptions, that 
all cargo transported in the coastwise trade be carried on ships that 
are U.S.-owned and U.S.-built. In 1988 the Jones Act was amended to 
allow for the use of foreign-built platform jacket launch barges in the 
coastwise trade if no U.S.-built vessels were found to be available. 
Subsequently, Section 417 of the Coast Guard and Maritime 
Transportation Act of 2004, Public Law 108-293 (the Act), codified at 
46 U.S.C. 55108, directed the Secretary of Transportation to establish 
procedures to issue determinations as to whether suitable U.S.-built 
vessels are available for use in transportation and, if needed, launch 
or installation of

[[Page 62473]]

offshore oil drilling or production structures (platform jackets), and 
to maximize use of U.S.-built coastwise-qualified vessels for such 
activities. The Act provides that if the Secretary determines that a 
suitable coastwise-qualified vessel is not available for use in 
specified platform jacket transportation or a launch or installation 
project, a foreign launch barge may be used. An Interim Final Rule (73 
FR 30783) implementing this Act was published on May 29, 2008, which 
MARAD is now making final.

Program Description

    In this rulemaking, MARAD is establishing procedures to determine 
if coastwise-qualified vessels are available for transportation of 
platform jackets and if coastwise-qualified vessels are not available, 
the procedures by which MARAD will make a determination allowing a 
foreign launch barge to transport and, if needed, launch or install a 
platform jacket under certain conditions.
    MARAD will request coastwise-qualified launch barge owners, 
operators, and other potentially interested parties, to register with 
MARAD on an annual basis with their full contact information.
    The registration process for platform owners/operators begins with 
notification to MARAD of a proposed offshore platform jacket project to 
be submitted at the same time an owner/operator files with the Bureau 
of Ocean Energy Management, Regulation and Enforcement for Development 
and Production Plan (DPP) or Development Operations Coordination 
Document (DOCD) approval. Registration must be at least 21 months 
before projected use of a foreign launch barge. The notification 
information provided to MARAD must include the projected summary 
specifications of the platform jacket to be transported and, if needed, 
launched or installed, the approximate date of the operation, and 
contact information for the platform owner/operator representatives 
having decision-making responsibility with respect to the 
transportation and installation of the platform jacket. This 
information will be made available to the public in order to ``provide 
timely information to ensure maximum use of coastwise qualified 
vessels'' as is required by the Act. At the same time, MARAD will 
provide the current list of potentially interested registered vessel 
owner/operators to the platform owner/operator so it can begin 
canvassing the market and entering into discussions for service.
    If a platform owner/operator is unable to find a potential 
coastwise-qualified vessel, it may apply for a determination of non-
availability of a coastwise-qualified vessel once MARAD determines that 
the prior notice requirement has been met. Applications must include 
the complete engineering specifications for the platform jacket to be 
transported, operational details for the loading, transport, launching 
or installation, timing requirements, and the foreign launch barge 
proposed to be used.
    Upon receipt of a complete application, including deposit fee, 
MARAD will publish a notice in the Federal Register requesting that 
comments and information on the availability of coastwise-qualified 
vessels be submitted within 30 days. MARAD will provide a final 
determination within 90 days thereafter. MARAD may also canvas the 
market. If, after the comment period, the agency determines that a 
suitable coastwise-qualified vessel is not available for the project, 
upon receipt of final payment for all associated costs, MARAD will 
issue a determination of non-availability, allowing the transportation, 
launch or installation to proceed by means of the foreign-built launch 
barge.
    MARAD will not act on incomplete applications. For example, without 
evidence of early notification, or if fees are not paid, or if an 
application is otherwise incomplete, MARAD will not act on the 
application. However, the agency will request the applicant's 
rectification of application errors and omissions. MARAD may reject a 
request for a determination if the application remains incomplete.
    Applicants are encouraged to provide MARAD and the public with as 
much notice as possible in advance of projects requiring platform 
transportation services because vessels capable of transporting 
platform jackets have long lead times for construction. Early 
notification will help ensure maximum utilization of coastwise-
qualified vessels and assist MARAD in its review process.

Application Fee

    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 the Office 
of Management and Budget (OMB) Circular No. A-25 (``User Charges,'' 
July 8, 1993). Circular A-25, section 6, directs agencies to charge 
identifiable recipients for special benefits derived from Federal 
activities beyond those received by the general public. 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. ``Full cost'' is defined as including ``all direct 
and indirect costs to any part of the Federal Government of providing a 
good, resource, or service.''
    Because determinations of availability under Part 389 represent 
special benefits to identifiable recipients (i.e., platform owners/
operators) 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 main cost components of the determination process include 
direct and indirect personnel costs and Federal Register publication 
costs. MARAD will charge for the actual number of hours at the relevant 
hourly rates, plus associated overhead and administrative costs. MARAD 
will also charge the applicant for the cost of publishing notices of 
application in the Federal Register. As of October 1, 2010, the Federal 
Register publication cost will be $159 per column and the average 
length of a public notice published for this program is estimated to be 
three columns. Thus, the total average publication cost currently is 
estimated to be about $477.00. The total of personnel costs and Federal 
Register publication costs is estimated to range from $500 to $20,000 
or more, depending upon the extent of the required review. Each 
application will require a $500 deposit and payment of any additional 
costs prior to final determination.

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, the Office of Management and Budget 
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

[[Page 62474]]

104-121. MARAD believes that the economic impact of this rulemaking is 
so minimal as to not warrant the preparation of a full regulatory 
evaluation because it establishes procedures to determine if a 
coastwise-qualified vessel is available for use in a project and, if 
not, to allow the use of a foreign launch barge.

Executive Order 13132

    MARAD analyzed this rulemaking in accordance with the principles 
and criteria contained in Executive Order 13132 (Federalism) and 
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 effects on the States, the 
current Federal-State relationship, or the current distribution of 
power and responsibilities among local officials. Therefore, MARAD did 
not consult with State and local officials because it was not 
necessary.

Regulatory Flexibility Act

    The Regulatory Flexibility Act requires MARAD to assess the impact 
that regulations will have on small entities. After analysis of this 
final rule, the Maritime Administrator certifies that this final rule 
will not have a significant economic impact on a substantial number of 
small entities. MARAD anticipates that few, if any, small entities will 
participate in this process due to the nature of the shipping industry 
and the capital costs associated with vessels to be considered within 
this rule.

Environmental Assessment

    MARAD has analyzed this final rule for purposes of compliance with 
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et 
seq.) and has concluded that this rule is not expected to have a 
significant effect on the human and natural environment, individually 
or cumulatively, and is categorically excluded from further 
documentation requirements under the NEPA by Maritime Administrative 
Order 600-1, ``Procedures for Considering Environmental Impacts,'' 50 
FR 11606 (March 22, 1985), Categorical Exclusion No. 3. In pertinent 
part, Categorical Exclusion No. 3 applies to promulgation of rules, 
regulations, directives, and amendments thereto which do not require a 
regulatory impact analysis under section 3 of Executive Order 12291 or 
do not have a potential to cause a significant effect on the 
environment.
    Accordingly, 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, either individually or cumulatively, in a significant 
impact on the environment. This rulemaking only relates to the 
determination of whether a coastwise-qualified vessel is available for 
a project, and, if not, allows for use of a foreign launch barge.

Paperwork Reduction Act

    The rulemaking does not require Paperwork Reduction Act clearance 
by the Office of Management and Budget (OMB) because the collection is 
limited in scope to fewer than ten respondents.

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.

Executive Order 13175

    MARAD believes that this regulation will have no significant or 
unique effect on 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.

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 contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received in any of MARAD's 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. DOT's complete Privacy 
Act Statement is available for review in the Federal Register published 
on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) and at 
www.regulations.gov.

List of Subjects in 46 CFR Part 389

    Administrative practice and procedure, Maritime carriers, Reporting 
and recordkeeping requirements.

0
Accordingly, the interim rule amending 46 CFR part 389 which was 
published at 73 FR 30783 on May 29, 2008, is adopted as a final rule 
with the following changes. The Maritime Administration revises part 
389 to read as follows:

PART 389--DETERMINATION OF AVAILABILITY OF COASTWISE-QUALIFIED 
VESSELS FOR TRANSPORTATION OF PLATFORM JACKETS

Sec.
389.1 Purpose.
389.2 Definitions.
389.3 Registration.
389.4 Application and fee.
389.5 Review; issuance of determinations.


    Authority:  49 U.S.C. 322(a); 46 U.S.C. 55102; 46 U.S.C. 55108; 
Public Law 108-293, 118 Stat 1028; and 49 CFR 1.66.


Sec.  389.1  Purpose.

    This part prescribes regulations implementing the provisions of 
section 417 of Public Law 108-293, which grants the Secretary of 
Transportation, acting through the Maritime Administrator, the 
authority to review and approve applications for determination of 
availability of coastwise-qualified vessels. Owners or operators of 
proposed platform jackets may submit information regarding a specific 
platform jacket transport, placement and/or launch project, following 
the procedures set forth in this regulation, in order for the Maritime 
Administration to determine whether a suitable coastwise-qualified 
vessel is available for the project. If the agency determines that a 
project owner has registered as required herein and sought in good 
faith to meet its transportation needs using U.S. flag vessels in 
compliance with the Jones Act, and that a suitable coastwise qualified 
vessel is not available, then a foreign launch barge may be used.


Sec.  389.2  Definitions.

    For the purposes of this Part:
    Administrator means the Maritime Administrator.
    Applicant means the offshore development person, entity, or company 
as identified to the Bureau of Ocean Energy Management, Regulation and 
Enforcement in its Development Production Plan (DPP) or Development 
Operations Coordination Document (DOCD), which has applied to the 
Maritime Administration for a waiver.

[[Page 62475]]

    Classed as a launch barge by a recognized classification Society 
means that the vessel holds a current classification document to be 
used as a launch barge by at least one of the following classification 
societies: American Bureau of Shipping (ABS), Bureau Veritas (BV), 
Lloyd's Register (LR), Germanischer Lloyd (GL), Det Norske Veritas 
(DNV) or Registro Italiano Navale (RINA).
    Coastwise-qualified vessel means a vessel that has been issued a 
certificate of documentation with a coastwise endorsement under 46 
U.S.C. 12112.
    Coastwise Trade Laws include:
    (1) The Coastwise Endorsement Provision of the Vessel Documentation 
Laws (46 U.S.C. 12112);
    (2) The Passenger Vessel Services Act, section 8 of the Act of June 
19, 1886 (46 U.S.C. 55103);
    (3) The Jones Act, section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. 55102); and
    (4) Section 2(c) of the Shipping Act of 1916 (46 U.S.C. 50501).
    Foreign launch barge, for the purpose of this part, means a non-
coastwise-qualified launch barge that was built before December 31, 
2000, and has a launch capacity of 12,000 long tons or more.
    Launch barge means a vessel that is technically capable of 
transporting and, if needed, launching or installing an offshore 
drilling or production platform jacket, provided that a coastwise-
qualified vessel may meet this definition even if it is not capable of 
launching such a platform jacket, and even if it requires the 
involvement of one or more other vessels in connection with the 
installation of such a platform jacket.
    A long ton equals 2,240 pounds.
    Platform jacket refers to a single physical component and includes 
any type of offshore exploration, development, or production structure 
or component thereof, including platform jackets, tension leg, or SPAR 
platform superstructures (including the deck, drilling rig and support 
utilities, and supporting structure), hull (including vertical legs and 
connecting pontoons or vertical cylinder), tower and base sections of a 
platform jacket, jacket structures, and deck modules (known as 
``topsides'').
    Secretary means the Secretary of the Maritime Administration.


Sec.  389.3  Registration.

    In order to provide timely notification and to identify potential 
participants to each other so they may examine how they can best work 
together to maximize use of coastwise-qualified vessels, the Maritime 
Administration will require early notification as outlined in this 
section.
    (a) Registration of coastwise-qualified vessel for platform jacket 
transportation. In January of each calendar year, the Maritime 
Administration will publish a notice in the Federal Register requesting 
that owners or operators or potential owners or operators of coastwise-
qualified launch barges, or other interested parties notify the agency 
of:
    (1) Their interest in participating in the transportation and, if 
needed, the launching or installation of offshore platform jackets;
    (2) Provide the agency with their contact information; and,
    (3) Provide specifications of any currently owned or operated 
coastwise-qualified launch barges or plans to construct same.
    (b) Registration requirement for transportation of platform jackets 
when non-coastwise-qualified vessels may be required. When a current or 
potential owner or operator of any type of offshore exploration, 
development, or production structure expects to require the use of a 
non-coastwise-qualified vessel in the transportation of a platform 
jacket it must notify the Maritime Administration. Such notification 
must be on the earlier of either:
    (1) The date of filing of the Development and Production Plan (DPP) 
or Development Operations Coordination Document (DOCD) with the Bureau 
of Ocean Energy Management, Regulation and Enforcement as required by 
30 CFR 250.201; or
    (2) A date not later than twenty-one (21) months before the 
proposed date of using a non-coastwise qualified vessel for 
transportation of a platform jacket.
    (c) The early notification information to be provided to the 
Maritime Administration by a platform owner or operator shall include:
    (1) A summary of technical details of the platform jacket to be 
transported and, if needed, launched or installed;
    (2) The projected physical specification of a suitable vessel to be 
used in the project;
    (3) The projected time period, and load and destination sites, for 
the platform jacket transportation; and
    (4) Full contact information for the applicant and its 
representatives having decision-making authority with respect to the 
utilization of vessels for transportation and, if needed, the launching 
or installation of a platform jacket.
    (d) The information in paragraphs (a), (b), and (c) of this section 
must be submitted either electronically to [email protected] or 
delivered to the Secretary, Maritime Administration, 1200 New Jersey 
Avenue, SE., Washington, DC 20590. Any information that is business 
confidential must be so identified and accompanied by a justification 
for that characterization.
    (e) The Maritime Administration will publish a list of potential 
coastwise-qualified launch barge owners/operators on the agency's Web 
site at http://MARAD.dot.gov. The Maritime Administration will publish 
a summary of early notification information delineated by paragraph (c) 
of this section on its Web site and also disseminate it to registered 
potential coastwise-qualified launch barge owners/operators and other 
interested parties.


Sec.  389.4  Application and fee.

    (a) When, after surveying the market and discussing the platform 
project with potential coastwise-qualified vessel owners/operators, it 
appears that coastwise-qualified vessels will not be available for a 
project, the platform jacket owner/operator may apply to the Maritime 
Administration for a determination of non-availability and request 
authority to use a foreign launch barge.
    (b) A complete application must be submitted to the Secretary, 
Maritime Administration, 1200 New Jersey Avenue, SE., Washington, DC 
20590 at least 120 days prior to the proposed platform jacket 
transportation date.
    (1) The Maritime Administration reserves the right to waive, 
reduce, or extend the time requirements based upon its evaluation of 
any national emergency or other relevant consideration.
    (c) Applications must contain the information set forth in 
paragraphs (c) and (d) of this section and be accompanied by a 
statement signed by an officer of the applicant containing the 
following language:
    ``This application is made for the purpose of inducing the United 
States of America to grant a determination of non-availability of a 
coastwise-qualified vessel as set forth in 46 U.S.C. 55108. I have 
carefully examined the application and all documents submitted and, to 
the best of my knowledge, information and belief, the statements and 
representations contained in said application and related documents are 
full, complete, accurate and true. Further, I agree to pay any fees 
that result from the work required by this application.

Signature:-------------------------------------------------------------


[[Page 62476]]

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Name (typed):----------------------------------------------------------

Title:-----------------------------------------------------------------

Date:------------------------------------------------------------------

    (d) The applicant must submit a non-refundable check in the amount 
of $500 (Five Hundred Dollars) made payable to the Maritime 
Administration, which is a minimum fee and represents a deposit against 
any cost to the Government for processing the application. The 
applicant must also submit a signed statement (see paragraph (c) of 
this section) that it agrees to pay all such additional costs that will 
be invoiced by the Government. Government costs will be billed for 
actual staff hours spent at applicable hourly rates plus overhead, 
administrative and other associated costs.
    (e) Required platform jacket transportation project information.
    (1) Applications must include a general description of the 
transport, placement and/or launch project, including:
    (i) A description of the platform jacket structure with launching 
weight, center of gravity, major dimensions, and a general arrangement 
plan,
    (ii) The projected loading date and site,
    (iii) The projected transportation date and destination site,
    (iv) The names of potential coastwise-qualified vessel owners/
operators contacted and their responses regarding suitability and 
availability of transportation vessels, and
    (v) The technical merits and availability studies of coastwise-
qualified vessels considered.
    (2) Characteristics of the applicant's desired foreign launch 
barge, including, at a minimum, the following information:
    (i) Name of the vessel,
    (ii) Registered owner of the vessel,
    (iii) Physical dimensions, deadweight capacity in long tons, 
ballasting capacities and arrangements, and launch capacity in long 
tons and arrangements,
    (iv) Documentation showing classification as a launch barge by one 
of the following classification societies: American Bureau of Shipping 
(ABS), Bureau Veritas (BV), Lloyd's Register (LR), Germanischer Lloyd 
(GL), Det Norske Veritas (DNV) or Registro Italiano Navale (RINA).
    (v) Date and place of construction of the foreign launch barge and 
(if applicable) rebuilding. If the applicant is unable to document the 
origin of the vessel, foreign construction will be assumed.
    (vi) Name, address, e-mail address and telephone number of the 
foreign launch vessel owner.
    (3) A signed statement that the applicant represents that the 
foregoing information is true to the best of the applicant's knowledge 
and belief, as required by paragraph (b) of this section.
    (f) The Maritime Administration may require additional information 
from an applicant as part of the review process. The application will 
not be considered complete until the agency has received all required 
information.


Sec.  389.5  Review; issuance of determinations.

    (a) The Maritime Administration will review each application for 
completeness, including evidence of prior notification and payment of 
the application fee. Applications will not be processed until deemed 
complete. The Maritime Administration will notify an applicant if 
additional information is necessary. The agency encourages submission 
of applications well in advance of project dates in order to allow 
sufficient time for review under this part.
    (b) The Maritime Administration will review the information 
required by Section 389.4. When the application is deemed complete, the 
agency will publish a notice in the Federal Register describing the 
project and platform jacket involved, advising that all relevant 
information reasonably necessary to assess the transportation 
requirements will be made available to interested parties upon request. 
The notice will request that information on the availability of 
coastwise-qualified vessels be submitted within thirty (30) days after 
the publication date. The Maritime Administration will also notify 
coastwise-qualified owners/operators who have registered with per Sec.  
389.3.
    (c) The Maritime Administration will review any submissions whereby 
an offeror owner or operator of a coastwise-qualified vessel asserts it 
is available and will facilitate discussions between the offeror and a 
platform jacket owner/operator who requires transportation services. If 
the parties are unable to reach agreement, the Maritime Administration 
will make a determination regarding vessel availability.
    (d) If needed, the Maritime Administration's technical personnel 
will review data required by Sec.  389.4. The data must be complete and 
current. Any data submitted will not be returned to an applicant and 
will be retained by the agency on file further to applicable record 
retention directives. Maritime Administration review will not 
substitute for the review or approval by a major classification society 
(ABS, BV, LR, GL, DNV, RINA). Maritime Administration review will not 
verify the accuracy or correctness of an applicant's engineering 
proposal; rather, it will only pertain to the general reasonableness 
and soundness of the technical approach.
    (e) The Maritime Administration will disapprove the application if:
    (1) The agency finds the applicant does not comply with 
requirements set forth by Sec.  389.3 or Sec.  389.4; or
    (2) The agency finds that the applicant refused to attempt to 
obtain transportation services that comply with the Jones Act; or
    (3) The agency determines a suitable coastwise-qualified vessel is 
reasonably available.
    (f) The Maritime Administration will issue a determination of non-
availability if it is determined that no suitable coastwise-qualified 
vessel is reasonably available.
    (g) A determination will be issued within ninety (90) days from the 
date the application notice was published in the Federal Register.
    (h) A determination of non-availability will expire one-hundred and 
twenty (120) days after the date of issuance, unless the agency 
provides an extension for good cause shown.
    (i) Maritime Administration determinations in this regard should 
not be interpreted as a change setting new Federal maritime precedents. 
The Maritime Administration fully supports the Jones Act, the Passenger 
Vessel Services Act, and other Federal U.S.-flag requirements.

    Dated: September 30, 2010.

    By order of the Maritime Administrator.
Christine S. Gurland,
Secretary, Maritime Administration.
[FR Doc. 2010-25229 Filed 10-8-10; 8:45 am]
BILLING CODE 4910-81-P