[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Page 37280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15889]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 221


Approval Process for Transfers to Foreign Registry of U.S. 
Documented Vessels Over 1,000 Gross Tons

AGENCY: Maritime Administration (MARAD), DOT.

ACTION: Clarification.

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SUMMARY: This document clarifies the Maritime Administration's 
(MARAD's) approval process in 46 CFR part 221, for requests relating to 
proposed transfers to foreign registry of U.S. documented vessels over 
1,000 gross tons.

DATES: The applicability date of this clarification is February 14, 
2011. Comments may be submitted on or before July 27, 2011.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, or submit electronically at 
http://www.regulations.gov or fax comments to (202) 493-2251. All 
comments should include the docket number that appears in the heading 
of this document. All comments received will be available for 
examination and copying at the above address from 9 a.m. to 5 p.m., 
E.T., Monday through Friday, except Federal holidays. Those desiring 
notification or receipt of comments must include a self-addressed, 
stamped postcard or you may print the acknowledgment page that appears 
after submitting comments electronically. You may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (Volume 65, Number 70, Page 19477-78), or you may visit http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Michaela Noble, Office of Chief 
Counsel, Maritime Administration, 1200 New Jersey Avenue, SE., 
Washington, DC 20590. Telephone: 202-366-5184; or e-mail 
[email protected]. Copies of this notice may also be obtained from 
that office. An electronic copy of this document may be downloaded from 
the Federal Register's home page at: http://www.archives.gov and the 
Government Printing Office's database at: http://www.access.gpo.gov/nara.

SUPPLEMENTARY INFORMATION: The Maritime Administration (MARAD) is 
clarifying its approval process in 46 CFR Part 221 for requests 
relating to proposed transfers to foreign registry of U.S. documented 
vessels over 1000 gross tons. The approval process will require vessel 
owners to self-certify that the vessel(s) does not contain 
polychlorinated biphenyls (PCBs) in regulated quantities, and to 
provide notice to the Environmental Protection Agency (EPA) of the 
transfer request. This process shall apply to all transfer requests 
filed on or after February 14, 2011, except as otherwise provided 
herein. In addition, the requirement for vessel owner self-
certification will apply to all future approvals under the provisions 
for granting advance foreign transfer approvals pursuant to 46 U.S.C. 
56101(b), regardless of when the application is filed. Vessel owners 
that receive advance approval under 46 U.S.C. 56101(b) will be required 
to submit a self-certification conforming to the language provided 
below, or as may be amended by MARAD, prior to transfer of the vessel 
to foreign registry, otherwise the prior approval is void. Vessels 
built in the United States after 1985 shall be exempted from these 
requirements.
    Self-certification must be performed by a person with legal 
authority to act on behalf of the company. Self-certification means a 
written statement containing the following language: ``Under civil and 
criminal penalties of law for the making or submission of false or 
fraudulent statements or representations (18 U.S.C. 1001 and 15 U.S.C. 
2615), to the best of my knowledge and belief, I hereby certify that 
after the exercise of reasonable due diligence, the vessel(s) do(es) 
not contain polychlorinated biphenyls (PCBs) in amounts greater than or 
equal to 50 ppm as regulated by the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.).'' The Maritime Administration will provide the 
EPA with up to 30 days notice prior to approving any transfer request. 
Applicants are advised to account for this processing time when 
submitting transfer requests.

    Dated: June 20, 2011.

    By Order of the Maritime Administrator.
Murray A. Bloom,
Acting Secretary, Maritime Administration.
[FR Doc. 2011-15889 Filed 6-24-11; 8:45 am]
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