[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Rules and Regulations]
[Pages 28027-28029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12086]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Parts 317, 324, 325, 326, 328, 329, 330, 332, 335, 336, 337,
338, and 339
[Docket Number MARAD-2025-0092]
RIN 2133-AC04
Rescinding Regulations Providing Terms for Agency Agreements
AGENCY: Maritime Administration (MARAD), Department of Transportation
(DOT).
ACTION: Final rule.
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[[Page 28028]]
SUMMARY: MARAD is deleting 46 CFR parts 317, 324, 325, 326, 328, 329,
330, 332, 335, 336, 337, 338, and 339, which pertain to terms under
agreements with agents. While MARAD is retaining its 46 CFR part 315
regulation addressing agency agreements and the appointment of agents,
other regulations that simply provide static procedures to serve as
terms of agreement are obsolete and are being rescinded because they
are covered by clauses contained in the Federal Acquisition Regulation
(FAR). In the more than 30 years since MARAD last updated its
regulations, the development of its service agreements has benefited
from the uniformity and transparency provided by FAR clauses, and MARAD
has increased reliance on them.
DATES: This final rule is effective on July 1, 2025.
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 https://www.transportation.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mitch Hudson, Office of the Chief
Counsel, Division of Legislation and Regulation, (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 the Chief Counsel,
Division of Legislation and Regulations, W24-220, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
An electronic copy of this document may also be downloaded by
accessing the Office of the Federal Register's home page at:
www.federalregister.gov.
Background
Improvement of regulations is a continuous focus for DOT and MARAD.
For that reason, DOT/MARAD regularly and deliberately review their
rules in accordance with DOT Order 2100.6B, Policies and Procedures for
Rulemakings, Executive Order (E.O.) 12866, Regulatory Planning and
Review (Oct. 4, 1993), and section 610 of the Regulatory Flexibility
Act. That process is summarized in Appendix D of DOT's semi-annual
regulatory agenda. In addition, E.O. 14192, Unleashing Prosperity
Through Deregulation (Feb. 6, 2025), and E.O. 14219, Ensuring Lawful
Governance and Implementing the President's ``Department of Government
Efficiency'' Deregulatory Initiative (Feb. 19, 2025) directed agencies
to further scrutinize their regulations to reduce unnecessary costs,
clear barriers to emerging technology, and alleviate unnecessary
regulatory burdens.
Discussion
As explained above, the high degree of specificity and procedural
detail contained in 46 CFR parts 317, 324, 325, 326, 328, 329, 330,
332, 335, 336, 337, 338, and 339 are better addressed through the terms
of MARAD service agreements that are negotiated on a case-by-case
basis, and the application of modern federal acquisition policies and
procedures that are covered in the FAR. Removing such procedures from
the regulations ensures that administrative methods are kept current
with modern commercial business practices and more easily aligned with
the contracted services. Accordingly, for the reasons provided, MARAD
regulations at 46 CFR parts 317, 324, 325, 326, 328, 329, 330, 332,
335, 336, 337, 338, and 339 are now being rescinded.
Rulemaking Analysis and Notices
Administrative Procedure Act
MARAD is issuing this rule without prior notice and the opportunity
for public comment and the 30-day delayed effective date ordinarily
prescribed by the Administrative Procedure Act (APA). Pursuant to
section 553(b)(B) of the APA, general notice and the opportunity for
public comment are not required with respect to a rulemaking when an
``agency for good cause finds (and incorporates the finding and a brief
statement of reasons therefor in the rules issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest.''
The intent of this action is to remove unnecessary and obsolete
MARAD procedures which have been superseded by FAR policies and
procedures. For these reasons, MARAD has determined that there is good
cause to waive prior notice and comment because rescinding obsolete and
unhelpful agency agreement regulations would not benefit from public
input.
Executive Orders 12866 and DOT Rulemaking Procedures
This rule is not a significant regulatory action under Executive
Order (E.O.) 12866 and DOT Order 2100.6B and, therefore it was not
reviewed by the Office of Management and Budget. It is also not
considered a major rule for purposes of Congressional review under
Public Law 104-121. This rule is limited to removing obsolete
regulations and will result in de minimis cost savings.
Executive Order 14192 (Deregulation)
E.O. 14192 requires that for ``each new [E.O. 14192 regulatory
action] issued, at least ten prior regulations be identified for
elimination.'' Implementation guidance for E.O. 14192, issued by the
Office of Management and Budget (OMB) (Memorandum M-25-20, March 26,
2025), defines an E.O. 14192 deregulatory action as ``an action that
has been finalized and has total costs less than zero.'' This rule will
have total costs less than zero, and therefore is an E.O. 14192
deregulatory action.
Executive Order 13132 (Federalism)
MARAD analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'') and
has determined that it has no substantial effect on the States, on the
current Federal-State relationship, or on the current distribution of
power and responsibilities among the various local officials. Nothing
in this document preempts any State law or regulation. Therefore, MARAD
did not consult with State and local officials on this rulemaking and
did not prepare a federalism summary impact statement.
Executive Order 13175 (Consultation and Coordination With Indian Tribal
Governments)
MARAD does not believe that this rulemaking will significantly or
uniquely affect 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.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires MARAD to assess
whether this rulemaking would have a significant
[[Page 28029]]
economic impact on a substantial number of small entities and to
minimize any adverse impact. The regulations have been rendered
obsolete and are therefore not used. Accordingly, the rescission of the
regulations will impose no impact. MARAD certifies that this rulemaking
will not have a significant economic impact on a substantial number of
small entities.
Privacy Impact Assessment
Section 522(a)(5) of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, div. H, 118 Stat. 2809 at 3268) requires the Department of
Transportation and certain other federal agencies to conduct a privacy
impact assessment of each proposed rule that will affect the privacy of
individuals.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 requires agencies to
evaluate whether an agency action would result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $206 million or more (as adjusted for inflation) in
any 1 year, and if so, to take steps to minimize these unfunded
mandates. This rulemaking will not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It will not result in costs of
$206 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 the objectives of the rule. Therefore, the
analytical requirements of UMRA 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 number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a federal agency
unless the collection displays a valid OMB control number. This
rulemaking includes no new collection of information.
List of Subjects
46 CFR Part 317
National defense, Surety bonds, Vessels.
46 CFR Part 324
National defense, Reporting and recordkeeping requirements, Uniform
System of Accounts, Vessels.
46 CFR Part 325
National defense, Reporting and recordkeeping requirements, Uniform
System of Accounts, Vessels, Wages.
46 CFR Part 326
Claims, Insurance, National defense, Vessels.
46 CFR Part 328
National defense, Reporting and recordkeeping requirements,
Vessels.
46 CFR Part 329
National defense, Reporting and recordkeeping requirements,
Vessels.
46 CFR Part 330
National defense, Vessels.
46 CFR Part 332
National defense, Seamen.
46 CFR Part 335
National defense, Reporting and recordkeeping requirements,
Vessels.
46 CFR Part 336
Government contracts, National defense, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 337
Customs duties and inspection, National defense, Reporting and
recordkeeping requirements,
Vessels.
46 CFR Part 338
Government contracts, National defense, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 339
Government contracts, National defense, Vessels.
PARTS 317, 324, 325, 326, 328, 329, 330, 332, 335, 336, 337, 338,
AND 339--[REMOVED AND RESERVED]
0
For the reasons set forth in the preamble, under the authority of 49
U.S.C. 109, 49 CFR 1.81 MARAD amends46 CFR chapter II, subchapter I-A
by removing and reserving parts 317, 324, 325, 326, 328, 329, 330, 332,
335, 336, 337, 338, and 339.
By order of the Maritime Administration.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2025-12086 Filed 6-27-25; 4:15 pm]
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