[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 13010-13011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04201]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD-2023-0039]
Request for Information: Administration of the Cargo Preference
Act of 1954
AGENCY: Maritime Administration (MARAD), Department of Transportation
(DOT).
ACTION: Notice.
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SUMMARY: This notice requests information from the public to assist
MARAD in assessing the processes used to implement the Cargo Preference
Act of 1954, which directs the use of U.S.-flag vessels to transport
certain amounts of civilian federal government agencies' cargo.
DATES: Comments must be received on or before May 1, 2023. DOT will
consider comments filed after this date to the extent practicable.
ADDRESSES: Your comments should refer to DOT Docket Number MARAD-2023-
0039 and may be submitted by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Search
``MARAD-2023-0039'' and follow the instructions for submitting
comments.
Mail/Hand-Delivery/Courier: Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-
140, Washington, DC 20590. If you would like to know that your comments
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. The Docket Management Facility is open 9:00 a.m. to 5:00
p.m. E.T., Monday through Friday, except on Federal holidays.
To avoid duplication, please use only one of the above methods. See
the ``Public Participation'' section below for instructions on
submitting comments.
Unless there is a request for confidential treatment, all comments
received will be posted without change to the docket at
www.regulations.gov, including any personal information provided.
You may view the public comments at www.regulations.gov. When
searching for comments, please use the Docket ID: MARAD-2023-0039. An
electronic copy of this document may also be downloaded from the Office
of the Federal Register's website at www.FederalRegister.gov and the
Government Publishing Office's website at www.GovInfo.gov.
Note: If you mail or hand-deliver your input, 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. If you submit
your inputs by mail or hand-delivery, they must be submitted in an
unbound format, no larger than 8\1/2\ by 11 inches, single-sided,
suitable for copying and electronic filing.
Instructions: All submissions received must include the agency name
and docket number. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the section
entitled Public Participation.
FOR FURTHER INFORMATION CONTACT: Lalit Raina, Supervisory Trade
Specialist, Office of Cargo & Commercial Sealift, at (202) 366-4610, or
via email at [email protected]. You may send mail to Mr. Raina at
Department of Transportation, Maritime Administration, 1200 New Jersey
Avenue SE, W23-469, Washington, DC 20590. If you have questions on
viewing the Docket, call Docket Operations, telephone: (800) 647-5527.
SUPPLEMENTARY INFORMATION: The Cargo Preference Act of 1954 (CPA),
codified at 46 U.S.C. 55305, and promulgated by regulation under 46 CFR
parts 381 and 382, requires that at least 50% of cargoes procured,
furnished, or financed by the U.S. Government, which may be transported
on ocean vessels, are transported on privately-owned U.S. commercial
vessels, to the extent those vessels are available at fair and
reasonable rates. Currently, the 50% compliance minimum is calculated
by type of vessel (dry bulk carriers, dry cargo liners, and tankers),
as well as by geographic area. These requirements are applied to
cargoes resulting from civilian federal agency activities, such as, but
not limited to, the movement of humanitarian assistance and the
household goods of travelling diplomats. Department of Defense cargoes,
such as military equipment and fuel, are subject to separate statutory
and regulatory requirements and are not the subject of this request for
information (RFI). MARAD is required under 46 U.S.C. 55305(d)(2)(A) to
conduct an annual review of the administration of cargo preference
programs by civilian federal agencies. MARAD may also direct civilian
federal agencies, pursuant to 46 U.S.C. 55305(d)(2)(B), to require
transport cargo shipments aboard U.S. vessels in equivalent amounts to
cargo that were shipped onboard foreign vessels in violation of section
55305 (remediation efforts known as ``make up'' cargo shipments). MARAD
may also impose civil penalties on any person who willfully and
knowingly violates the cargo preference requirements in 46 U.S.C.
55305, pursuant to 46 U.S.C. 55305(d)(2)(C).
MARAD will continue to support, review, and promote compliance with
the CPA by civilian federal agencies and their contractors through
collaboration and education. Identifying cargoes resulting from
civilian federal agency activities that are subject to cargo preference
requirements has proven challenging for MARAD as it includes those
derived from within layers of subcontracts, contracts, and grants, as
well as any consequential transportation stemming from federal
financing programs.
This notice requests comments and information from the public to
assist MARAD in understanding individuals' experiences with civilian
federal agencies' implementation of CPA requirements. Insights gained
from this RFI will assist MARAD in its
[[Page 13011]]
communication and coordination with other federal agencies related to
cargo preference and enhance federal transparency.
Public Participation
How do I submit comments?
Include the docket number in your comments to ensure that your
comments are correctly filed in the Docket. We encourage you to provide
concise comments; however, you may attach additional documents as
necessary. There is no limit on the length of the attachments. Please
submit your comments, including the attachments, following the
instructions provided under the above-entitled heading ADDRESSES.
MARAD will consider all comments received before the close of
business on the comment closing date indicated above under DATES. To
the extent possible, MARAD will also consider comments received after
that date.
For access to the docket to submit or read comments received, go to
the Docket Management Facility, U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building, Room W12-140, Washington, DC
20590. The Docket Management Facility is open 9:00 a.m. to 5:00 p.m.,
E.T., Monday through Friday, except on Federal holidays. To review
documents, read comments or to submit comments, the docket is also
available online at www.regulations.gov., keyword search ``MARAD-2023-
0039.''
Please note that even after the comment period has closed, MARAD
will continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
MARAD recommends that you periodically check the Docket for new
material.
Will my comments be made available to the public?
Before including your address, phone number, email address or other
personal information in your comment, 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 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. When you submit comments containing information claimed to be
confidential information, you should 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
Anyone can search the electronic form of all comments received into
any of our 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.). For information on DOT's compliance with
the Privacy Act, please visit www.transportation.gov/privacy.
Request for Information
DOT seeks information from the public on their experiences with,
and views on, the current challenges faced by civilian federal
agencies, contractors, and loan and grant recipients (i.e., partners)
in complying with cargo preference laws on the following topics:
1. Actions those civilian federal agencies and their partners can
take to promote and simplify, compliance with 46 U.S.C. 55305, while
helping shipper agencies' make their logistical supply chains more
efficient.
2. Technological best practices, including data sharing, that the
public sector may use to better delineate cargoes subject to 46 U.S.C.
55305 from those cargoes derived from private funding sources.
3. MARAD's computation and publication of compliance data,
including consideration of geographic areas, for purposes of
determining whether an agency meets the 50% minimum tonnage requirement
under 46 U.S.C. 55305.
4. Actions MARAD and other civilian agencies could take to improve
the ability to assess and determine fair and reasonable rates for
available U.S.-registered vessels in a manner that is transparent and
would maximize the use of U.S. vessels as well as support civilian
federal agency supply chain logistical efficiency.
5. Actions MARAD could take to incentivize additional vessels,
where appropriate, to enter the U.S.-flag fleet.
6. Actions MARAD could take to work with other civilian federal
agencies to identify the programs and cargoes that are subject to CPA
requirements.
7. How MARAD can better serve as a resource to civilian federal
agencies, their partners, and the public to support compliance with the
CPA and ensure greater opportunities for U.S.-registered vessels and
improve the efficiency and effectiveness of services provided.
8. How MARAD can improve the use of make-up shipments when programs
that administer multi-year projects do not meet the 50% minimum
statutory requirement under 46 U.S.C. 55305 during a particular fiscal
year.
9. Identifying barriers to MARAD's assignment of civil penalties
under 46 U.S.C. 55305(d)(2)(A).
10. Other relevant input related to challenges in achieving
government-wide compliance with the CPA.
(Authority: 46 U.S.C. 55305; 49 CFR 1.93)
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2023-04201 Filed 2-28-23; 8:45 am]
BILLING CODE 4910-81-P