[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29384-29387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12088]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number MARAD-2015-0051]


Policy Announcement; Merchant Marine Awards and Flags Program

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice serves to inform interested parties and the public 
of the Maritime Administration's (MARAD) new policy for the issuance of 
Merchant Marine medals, decorations, citations, and the donation or 
loan of Merchant Marine flags. Consistent with Public Law 84-759, 46 
CFR part 350, and upon analysis and review of established criteria, the 
Maritime Administration will issue certain awards, and/or donate or 
loan Merchant Marine flags, for the purpose of honoring the historic 
and or continuing contributions of Merchant Mariners to the United 
States. This policy updates MARAD procedures to implementing 
regulations 46 CFR part 350 by defining the role of the Merchant Marine 
Awards and Flags Committee, and articulating the criteria for awards 
and other official recognition.

DATES: This policy is effective upon publication in the Federal 
Register. (See also Paperwork Reduction Act section.)

ADDRESSES: The complete file for this policy is available for 
inspection with the Docket Clerk, Docket Management Facility, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., West 
Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: You may contact Bill Kurfehs, Office 
of Sealift Support, Maritime Administration, at (202) 366-2318. You may 
send mail to Mr. Kurfehs at Maritime Administration, 1200 New Jersey 
Avenue SE., MAR 630, Washington, DC 20590-0001. You may send electronic 
mail to [email protected]. If you have questions on viewing the 
Docket, call Cheryl Collins, Program Manager, Docket Operations, 
telephone: (800) 647-5527.

SUPPLEMENTARY INFORMATION: The promotion of the United States Merchant 
Marine is a central mission of MARAD. The Merchant Marine Act of 1936 
was enacted to promote a well-equipped and efficient merchant marine 
fleet owned and operated by United States citizens and supported by 
domestic shipbuilding and repair facilities.\1\ MARAD was specifically 
formed as a separate maritime promotional entity from the Federal 
Maritime Commission to ensure that maritime promotional and regulatory 
functions were handled by different Federal agencies.\2\ The Message of 
the President transmitting Plan 7 states that the ``basic objective of 
the plan is to strengthen and revitalize the administration of our 
Federal programs concerned with the promotion and development of the 
U.S. Merchant Marine by concentrating responsibility in separate 
agencies for the performance of regulatory and promotional functions.''
---------------------------------------------------------------------------

    \1\ American Trading Transportation Company, Inc. v. United 
States, 791 F.2d 942, 944 (D.C. Cir. 1986).
    \2\ Reorganization Plan No. 7 of 1961, 75 Stat. 840 (August 12, 
1961).
---------------------------------------------------------------------------

    It is central to MARAD's promotional mission to encourage citizens 
of the United States to join the United States Merchant Marine and to 
see that these individuals are trained to operate the vessels of the 
United States. To this end, MARAD operates the United States Merchant 
Marine Academy, supports and helps fund training at State Maritime 
Academies, provides certain property to support nonprofit and other 
maritime training institutions, and generally provides maritime 
training to citizens of the United States.
    Pursuant to 46 U.S.C. Chapter 519, authority also has been given to 
MARAD to provide Merchant Marine Awards. Such awards may be for 
individual acts or service in the Merchant Marine, for vessels and 
crews participating in outstanding or gallant action, certificates for 
civilian service, and for flags and grave markers.

[[Page 29385]]

    By this policy, MARAD will act to recognize the role of the 
Merchant Mariners of the United States in providing for the national 
defense. Recognizing the contributions, value, and sacrifices of 
Merchant Mariners advances MARAD's mission of ensuring that new 
individuals will become Merchant Mariners and that those capabilities 
will be available to address the Nation's needs in the future. This 
recognition will remind the public of the hard work and dedication of 
the Merchant Mariners of the United States and in doing so promote the 
interests and mission of MARAD; particularly recruiting and maintaining 
a vital Merchant Marine workforce to ensure the stability and 
maintenance of the United States Merchant Marine.

Maritime Administration Merchant Marine Awards and Recognition Policy

    This policy describes the process through which the Maritime 
Administration (MARAD) will exercise its authority under Public Law 84-
759, 46 CFR part 350 to issue certain Merchant Marine awards.

Maritime Administration (MARAD) Merchant Marine Awards and Flags 
Program

    The Merchant Marine Awards and Flags Committee is established to 
make recommendations to the Maritime Administrator for the issuance of 
Merchant Marine medals, decorations, and citations. The committee is 
also established to make recommendations to the Maritime Administrator 
to donate or loan Merchant Marine flags to qualifying organizations.

A. The Merchant Marine Awards and Flags Committee Responsibilities

    1. Receive nominations, through the Director, Office of Ship 
Operations, from any individual or entity, including individual members 
of the Committee, that properly addresses award evaluation criteria; 
and
    2. Review nominations and make recommendations to the Maritime 
Administrator with respect to giving or loaning Merchant Marine flags 
to any qualifying organization and the award of any awards, medals, 
decorations, etc., authorized to be issued by the Maritime 
Administration (MARAD) by Public Law 84-759, and 46 CFR part 350.

B. Awards--The Issuance of Medals, Decorations and Citations

Criteria for Issuance
    1. Gallant Ship Unit Citation Award may be awarded to any United 
States vessel or to any foreign vessel (merchant, Coast Guard, Navy, or 
other), crew of that ship or other individuals or organizations 
participating in outstanding or gallant action in marine disasters or 
other emergencies for the purpose of saving life or property when the 
following circumstances are present:
    (a) The vessel itself should move to the rescue and not be simply 
the platform from which crew members perform a rescue operation;
    (b) The operation should encompass the maneuvers of the vessel and 
a substantial part of the personnel;
    (c) The operation should involve either the use of the lifeboats by 
the crew taking to the water to effect a rescue with the vessel in some 
danger; or the vessel itself, by reason of perilous circumstances, 
should be in considerable danger;
    (d) The conditions should be such that danger to the vessel or the 
lifeboat or the crew members is present; and
    (e) The operation of the ship, its equipment, and personnel should 
favorably reflect efficiency, discipline and expertness.
    2. Merchant Marine Meritorious Service Medal may be awarded to any 
person serving in the U.S. Merchant Marine for meritorious act, conduct 
or service in line of duty when the following circumstances are 
present:
    (a) A Master of a U.S. merchant ship (without separate action) when 
that vessel is granted the Gallant Ship Award;
    (b) An act of heroism, bravery, devotion to duty involving extreme 
danger (actual or perceived);
    (c) The act, if it involves lifesaving, should be generally one 
performed while the vessel is at sea and not in a harbor, at the dock, 
or otherwise idle;
    (d) The act may be at sea or in port if it involves an effort 
directed toward saving the vessel or the cargo; and
    (e) The act should be one not directly entitling the individual to 
other medals such as the Carnegie Medal, the Coast Guard Medal for 
Lifesaving, etc. Merchant Marine Distinguished Service Medal may be 
awarded to any person serving in the U.S. Merchant Marine who 
distinguished himself or herself by outstanding act, conduct, or valor 
beyond the line of duty when the following circumstances are present:
    (f) Extreme peril to the life or safety of the individual 
attempting the rescue action;
    (g) It must be considered as going beyond the call of duty;
    (h) It must involve the activity of the Merchant Marine so that it 
is distinguished from a saving of life or property where the vessel is 
solely a platform from which the individual moved or upon which the 
individual acted; and
    (i) The accomplishment or the attempt must involve human lives or 
something of considerable worth either actual or considered so in the 
mind of the individual performing the action.
    3. The Mariners Medal is awarded to a mariner who, while serving 
from December 7, 1941 and July 25, 1947, was wounded or suffered 
physical injures as result of an act of an enemy of the United States.
    4. For World War II mariners who sailed in various war zones:
    (a) The Atlantic War Zone Medal and bar are awarded for service in 
the Atlantic war zone, including the North Atlantic, South Atlantic, 
Gulf of Mexico, Caribbean, Barents Sea and the Greenland Sea, during 
the period from December 7, 1941 to November 8, 1945;
    (b) The Mediterranean-Middle East War Zone Medal and bar are 
awarded for service in the zone including the Mediterranean Sea, Red 
Sea, Arabian Sea and the Indian Ocean west of 80 degrees east 
longitude, during the period from December 7, 1941 to November 8, 1945;
    (c) The Pacific War Zone Medal and bar are awarded for service in 
the Pacific War Zone, including the North Pacific, South Pacific and 
the Indian Ocean east of 80 degrees east longitude during the period 
from December 7, 1941 to March 2, 1946;
    (d) The Merchant Marine Combat Bar is awarded to Merchant Mariners 
who served on a vessel which at the time of such service was attacked 
or damaged by an instrumentality of war from December 7, 1941 to July 
25, 1947. A star is attached if the mariner was forced to abandon ship. 
For each additional abandonment, a star is added;
    (e) The Victory Medal with bar are awarded to members of the crew 
of vessels who served for 30 days or more during the period from 
December 7, 1941 to September 3, 1945;
    (f) The Honorable Service Button is awarded to members of crews of 
vessels who served for 30 days during the period from December 7, 1941 
to September 3, 1945;
    (g) The Merchant Marine Emblem is an identifying insignia that was 
issued to active Merchant Mariners for service from December 7, 1941 to 
July 25, 1947;
    (h) The Presidential Testimonial Letter signed by President Harry 
S. Truman was awarded to all active Merchant Mariners of World War II;
    (i) The Government of the Philippines authorized the Philippine 
Defense Medal/Ribbon and Philippine Liberation Medal to members of 
crews of vessels who served in Philippine

[[Page 29386]]

waters. The Philippine Defense Medal is awarded to members of crews who 
served in Philippine waters for not less than 30 days from December 8, 
1941 to June 15, 1942. The Philippine Liberation Medal is awarded to 
members of crews who served in Philippine waters for not less than 30 
days from October 17, 1944 to September 3, 1945; and
    (j) The Soviet Commemorative Medal was awarded to Merchant Mariners 
who participated in convoys to Murmansk during World War II.
    5. Korea Service Medal and bar: For Merchant Mariners who sailed 
during the Korean War, the Maritime Administration has authorized the 
Korean Service Medal and bar to be awarded to mariners who served in 
the Merchant Marine in waters adjacent to Korea between June 30, 1950 
and September 30, 1953.
    6. Vietnam Service Medal and bar: For Merchant Mariners who sailed 
during the Vietnam conflict who served in the Merchant Marine at any 
time from July 4, 1965 to August 15, 1973 in waters adjacent to 
Vietnam.
    7. Merchant Marine Expeditionary Medal: Established in 1990 to 
recognize U.S. Merchant Mariners who served on U.S.-flag ships in 
support of U.S. military and allied forces. This medal was first for 
service in Operations DESERT SHIELD and DESERT STORM. The medal is also 
authorized for mariners who served in Operations ENDURING FREEDOM and 
IRAQI FREEDOM.
    8. Merchant Marine Medal for Outstanding Achievement: The Merchant 
Marine Medal for Outstanding Achievement is an award given to mariners 
or other individuals making a significant contribution to the U.S. 
Merchant Marine or the maritime industry of the United States. The 
medal may be awarded by the Maritime Administrator for any activities 
that he/she finds to be an outstanding maritime achievement. For 
example, the medal may be awarded to recognize mariners or other 
individuals for maritime activities of a humanitarian nature. The medal 
also may be awarded to recognize those individuals in the maritime 
industry and educational community for their outstanding achievements 
and contributions to the U.S. Merchant Marine or the maritime industry 
of the United States. Individuals making significant contributions to 
fostering, developing and promoting the U.S. Merchant Marine or the 
maritime industries of the United States also are eligible for the 
award.
    9. The Administrator's Professional Ship Award is intended to 
recognize National Defense Reserve Fleet (``NDRF'') vessels, crews, 
ship managers, general agents and related contractors and other related 
personnel that achieve the highest degree of readiness, performance, 
efficiency, reliability, productivity and safety, or that have 
distinguished themselves through outstanding accomplishment or 
significant mission contribution in connection with NDRF missions;
    (a) Each vessel, individual, or other entity approved for this 
award will receive a commendation letter from the Maritime 
Administrator and a certificate. The certificate will be inscribed with 
the name of the ship and the operation or other activity for which the 
award was earned and signed by the Administrator;
    (b) With respect to an award given to an NDRF vessel, the 
certificate will be framed and forwarded to the appropriate Ship 
Manager/General Agent to be mounted in the master's office or other 
appropriate area on the vessel; and
    (c) Awards will be based on demonstrated and sustained superior 
performance in fulfilling the vessel's assigned mission. Information 
will be considered from all sources (e.g., reports from program 
sponsors, Gateway Offices, operational commanders, MARAD surveyors' 
observations, etc.).
    10. Additional awards:
    (a) The Maritime Administrator may determine to create award 
categories in addition to the awards set forth above.
    (b) The Awards Committee may recommend to the Maritime 
Administrator such additional award categories as it deems appropriate.
    (c) Any recommendation and establishment of a new award category 
shall contain the following:
    i. A specific title for the award;
    ii. A description of what would be awarded; (i.e. medal, plaque, 
certificate)
    iii. Detailed criteria as to what is necessary to qualify for such 
award; and
    iv. A determination by the Office of Chief Counsel that such an 
award category is within the authority under Public Law 84-759 and 46 
CFR part 350 or this MAO.
    (d) All such new award categories shall be published in the Code of 
Federal Regulations and on MARAD's Web site.
    (e) In any case of a proposed award or citation to a foreign vessel 
or to a master or person serving aboard such vessel, such award or 
citation shall be subject to the concurrence of the Secretary of State.

C. Other Recognition--The Donation or Loan of Merchant Marine Flags

    In times of war and national emergency, the Merchant Mariners of 
the United States have played a critical role in the transportation 
system that supports and serves with the armed forces of the United 
States. Termed the ``fourth arm'' of defense by President Franklin D. 
Roosevelt, the mariners of the United States provide vital 
transportation of critical personnel and materials to the appropriate 
locations in support of the national defense and emergency response 
efforts of the United States.
    MARAD receives requests for Merchant Marine flags and logos from 
organizations that wish to honor the historic and continuing 
contributions of Merchant Mariners to the United States. MARAD also has 
received requests for Merchant Marine flags and logos from various 
educational organizations that perform maritime training.
    Honoring the historic and continuing contributions of Merchant 
Mariners supports MARAD's mission. Providing these flags, and 
displaying them with the flags of the U.S. Armed Forces, recognizes the 
role Merchant Mariners have played and continue to play in the national 
defense of the United States. In recognizing the achievements and 
importance of the service of U.S. Merchant Mariners, the displays will 
enhance public awareness of the United States Merchant Marine as a 
career path for citizens of the U.S. and focus individuals considering 
such careers on the importance and value of the work they would do as 
Merchant Mariners. This recognition will serve to underscore the 
dignity and significance of the U.S. Merchant Marine as a whole. In 
addition, such flags will remind those training to be Merchant Mariners 
that they are part of a long tradition and profession whose mission 
goes beyond individual gain in support of the highest principles of 
public service.
    Merchant Marine flags are neither gifts nor awards for individuals. 
Their purpose is to recognize and memorialize the past and continuing 
role and contribution of the Merchant Mariners of the United States.
    The Merchant Marine Awards and Flag Committee will make 
recommendations to the Maritime Administrator regarding which groups 
satisfy the criteria set forth below and whether it should receive 
either the donation or a loan of the Merchant Marine flag and under 
what terms and conditions.

[[Page 29387]]

Criteria for the Donation or Loan of Merchant Marine Flags
    Merchant Marine flags may only be donated or loaned to the 
following groups:
    1. Public entities, or civic organizations in the United States 
qualified under United States Code, Title 26, section 501(c)(3), which 
at the location in which the Merchant Marine flag would be displayed 
have, at the time of application, at least 100 members and host visits 
by at least 2,500 other members of the public annually in that 
location; and, at the time of application, publicly display the United 
States flag and the flag of at least one United States military 
service.
    2. Educational institutions providing maritime training that would 
lead to a career in the United States Merchant Marine.
    3. Institutions qualified to receive donated property under 46 
U.S.C. 51103.
    4. Non-profit organizations as defined by Section 501(c) of the 
United States Internal Revenue Code (26 U.S.C. 501(c)), memorial/museum 
ships, and public bodies that:
    (a) Are registered with the Internal Revenue Service as a non-
profit organization;
    (b) Are open to the public, or have and will display the flags in 
publicly accessible areas; and
    (c) Possess an educational, maritime, or civic mission.
    5. Federal, State or local government entities that will display 
the flags in publicly accessible areas.
    6. Cemeteries or other locations at which U.S. Merchant Mariners 
are buried and where the Merchant Marine flag will be displayed with 
the flags of at least one other of the Armed Forces of the United 
States.

Policy Analysis and Notices

    Consistent with the Administrative Procedures Act and Department of 
Transportation rulemaking policy, MARAD is publishing this policy in 
the Federal Register to indicate how it plans to exercise the 
discretionary authority provided by Public Law 84-759, 46 CFR part 350. 
Nothing in this notice or in the policy itself requires MARAD to 
exercise its discretionary authority under the law. This policy updates 
the existing program in which successful applicants may obtain official 
MARAD recognition of their service or contributions to the U.S. 
Merchant Marine.
    Paperwork Reduction Act: Under the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3501-3520), a Federal agency must obtain approval from 
the Office of Management and Budget (OMB) for each collection of 
information it conducts, sponsors or requires through regulations. 
MARAD analyzed each provision of this policy and determined that it 
imposes no new requirements for recordkeeping and reporting. The 
existing information collection 2133-0506, expiration date: 1/31/2017, 
is sufficient and requires no changes.

    Authority:  Public Law 84-759, 46 CFR part 350, 46 U.S.C. 51901.

    Dated: May 14, 2015.

    By Order of the Maritime Administrator.
Thomas M. Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2015-12088 Filed 5-20-15; 8:45 am]
BILLING CODE 4910-81-P