[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Proposed Rules]
[Pages 18468-18469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08859]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 355

[Docket No. MARAD-2019-0069]
RIN 2133-AB90


How Best to Evidence Corporate Citizenship: Policy and Regulatory 
Review

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Advance notice of proposed rulemaking (ANPRM), request for 
comments.

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SUMMARY: The Maritime Administration (MARAD) is publishing this notice 
to solicit public comment on steps MARAD could take to simplify and/or 
modernize the process for evidencing United States citizenship of 
corporations and other entities participating in MARAD programs. To be 
eligible to participate in various MARAD programs and activities, 
applicants and interested parties must demonstrate at least a majority 
of ownership and control by United States citizens at each tier of 
ownership. MARAD is not considering any changes to that standard, but 
to the types of documents or evidence applicants provide to MARAD.

DATES: Comments must be received on or before July 1, 2019. MARAD will 
consider comments filed after this date to the extent practicable.

ADDRESSES: You may submit comments identified by DOT Docket Number 
MARAD-2019-0069 by any one of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Search MARAD-2019-0069 and follow the instructions 
for submitting comments.
     Email: [email protected]. Include MARAD-2019-0069 
in the subject line of the message and provide your comments in the 
body of the email or as an attachment.
     Mail or Hand Delivery: Docket Management Facility is in 
the West Building, Ground Floor of the U.S. Department of 
Transportation. The Docket Management Facility location address is: 
U.S. Department of Transportation, MARAD-2019-0069, 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.
    Note: If you mail or hand-deliver your comments, we recommend that 
you include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    Instructions: All submissions received must include the agency name 
and specific docket number. All comments received will be posted 
without change to the docket at www.regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments, see the section entitled Public Participation.

FOR FURTHER INFORMATION CONTACT: T. Mitchell Hudson, Jr., Office of 
Chief Counsel, Division of Legislation and Regulations, (202) 366-9373 
or via email at [email protected]. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above 
individual during business hours. The FIRS is available twenty-four 
hours a day, seven days a week, to leave a message or question. You 
will receive a reply during normal business hours. You may send mail to 
Department of Transportation, Maritime Administration, Office of Chief 
Counsel, Division of Legislation and Regulations, W24-220, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Background

    Improvement of regulations is a continuous focus for the Department 
of Transportation (DOT) and MARAD. For that reason, DOT/MARAD regularly 
and

[[Page 18469]]

deliberately review their rules in accordance with DOT's 1979 
Regulatory Policies and Procedures (44 FR 11034), Executive Order 
(E.O.) 12866, E.O. 13563, and section 610 of the Regulatory Flexibility 
Act. That process is summarized in Appendix D of DOT's semi-annual 
regulatory agenda (e.g., 81 FR 94784). In E.O. 13771 and E.O. 13777, 
President Trump directed agencies to further scrutinize their 
regulations. Comments received will inform the review described in this 
notice and supplement MARAD's periodic regulatory review and its 
activities under E.O. 13771 and E.O. 13777. This request for comments 
is narrowly focused on improving and modernizing MARAD's program 
administration.
    Accordingly, MARAD has identified its regulations at 46 CFR part 
355 governing requirements for evidencing United States citizenship for 
consideration consistent with the President's direction. This notice 
seeks to solicit comments to ensure that MARAD's programs remain 
effective, modern, and the least burdensome to the public. As part of 
our review, MARAD is issuing this notice to engage the public and the 
broad spectrum of stakeholders that may be affected. Information 
received will be used to evaluate the issues and determine whether to 
propose a change in how corporations evidence their citizenship.
    Citizenship eligibility criteria and documentation requirements may 
affect stakeholders who participate, directly or indirectly, in MARAD 
programs and activities, including ship managers and agents of MARAD-
owned ships (herein collectively referred to as ``Vessel Operators'') 
which may be used by the Department of Defense (DOD) in support of 
certain DOD-controlled activities. For example, Vessel Operators are 
required by regulation to be at least majority owned and controlled by 
United States citizens at each tier of ownership.

Scope of Comments

    MARAD is interested in learning how it could reduce or remove 
regulatory burdens on the public. Accordingly, commenters may want to 
focus on the following: (1) Recognition of modern business forms in 
addition to corporations (e.g., limited liability companies and limited 
partnerships) and modern securities ownership practices (e.g., street 
name securities); (2) aligning with current best business practices; 
(3) reducing the cost of compliance; and (4) revising the corporate 
citizenship affidavit.

Content of Comments

    We are interested in information on how any changes to 46 CFR part 
355 could impact small businesses, either positively or negatively. In 
describing a burden placed on your organization by our regulations or 
potential changes to the regulations, direct experience and 
quantifiable data are more useful than anecdotal descriptions. If the 
commenter believes that there is a less burdensome alternative, the 
commenter should describe that alternative in verifiable detail.
    Under this notice, MARAD is not soliciting petitions for 
rulemaking.

Public Participation

How do I submit comments?

    Please submit your comments, including the attachments, following 
the instructions provided under the above heading entitled ADDRESSES. 
Be advised that it may take a few hours or even days for your comment 
to be reflected on the docket. In addition, your comments must be 
written in English. We encourage you to provide concise comments and 
you may attach additional documents as necessary. There is no limit on 
the length of the attachments.
    Please note that even after the comment period has closed, MARAD 
will continue to file relevant information in the Docket as it becomes 
available.

Where do I go to read public comments and find supporting information?

    Go to the docket online at http://www.regulations.gov., keyword 
search MARAD-2019-0069 or visit us in person at the Docket Management 
Facility (see ADDRESSES for hours of operation). We recommend that you 
periodically check the Docket for new submissions and supporting 
material.

Will my comments be made available to the public?

    Yes. Be aware that your entire comment, including your personal 
identifying information, will be made publicly available.

May I submit comments confidentially?

    If you wish to submit comments under a claim of confidentiality, 
you should submit three copies of your complete submission, including 
the information you claim to be confidential business information, to 
the Department of Transportation, Maritime Administration, Office of 
Legislation and Regulations, MAR-225, W24-220, 1200 New Jersey Avenue 
SE, Washington, DC 20590. Include a cover letter setting forth with 
specificity the basis for any such claim and, if possible, a summary of 
your submission that can be made available to the public.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, to www.regulations.gov, as described in the 
system of records notice, DOT/ALL-14 FDMS, accessible through 
www.dot.gov/privacy. To facilitate comment tracking and response, we 
encourage commenters to provide their name, or the name of their 
organization; however, submission of names is completely optional. 
Whether or not commenters identify themselves, all timely comments will 
be fully considered. If you wish to provide comments containing 
proprietary or confidential information, please contact the agency for 
alternate submission instructions.

    (Authority: 49 CFR Sections 1.92 and 1.93)
* * * * *

    Dated: April 26, 2019.

    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2019-08859 Filed 4-30-19; 8:45 am]
 BILLING CODE 4910-81-P