Report on DOT Significant Rulemakings

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Table of Contents

Maritime Administration

58. Regulations To Be Followed by All Departments, Agencies and Shippers Having Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of Cargoes on Ocean Vessels

59. Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade; Second Rulemaking

Maritime Administration

Maritime Administration

58. 

Regulations To Be Followed by All Departments, Agencies and Shippers Having Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of Cargoes on Ocean Vessels

Red

Popular Title: Agricultural Exports

RIN 2133-AB37

Stage: NPRM

Previous Stage: ANPRM: Publication Date 1/28/99; End of Comment Period 3/29/99.

Abstract: This rulemaking would update and clarify the cargo preference regulations to increase regulatory compliance. MARAD issued the cargo preference regulations to implement the requirements of section 901 of the Merchant Marine Act, 1936, as amended. Departments, agencies, and shippers who must comply with the Act must follow the cargo preference regulations.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 12/01/1996

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST			02/17/2000
To OMB			03/17/2000
Withdrawn from OMB			02/01/2001
Resubmitted to OST	05/08/2002	11/01/2002	10/24/2002
Resubmitted to OMB	06/05/2002	11/29/2002	03/18/2003
Returned by OMB			06/13/2003
Resubmitted to OMB/2		10/15/2003
OMB Clearance	09/04/2002	01/30/2004
Publication Date	09/11/2002	02/09/2004
End of Comment Period	11/13/2002	05/12/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None

Maritime Administration

59. 

Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade; Second Rulemaking

Red

Popular Title: Joint Lease Financing

RIN 2133-AB51

Stage: NPRM

Previous Stage:None

Abstract: This is a joint MARAD/Coast Guard rule. The Maritime Administration (MARAD) proposes to amend its regulations to require MARAD's approval of all transfers of the use of a lease-financed vessel engaged in the coastwise trade back to the vessel's foreign owner, the parent of the owner, a subsidiary or affiliate of the parent, or an officer, director, or shareholder of one of them. In 1992, MARAD amended its regulations to grant general approval for time charters of U.S.-flag vessels to charterers that were not U.S. citizens (non-citizens) and to eliminate MARAD's review of these time charters. The lease-financing provisions potentially allow a non-citizen to exert additional control over a vessel operated in the coastwise trade by becoming the owner of the vessel and time chartering the vessel back to itself or to a related entity through an intermediate U.S. citizen bareboat charterer. MARAD's review of charter arrangements in the limited circumstances where the time charterer is related to the non-citizen vessel owner will ensure that U.S. Citizens maintain control over vessels operating in the coastwise trade. The NPRM was withdrawn from OMB to await submission of a companion United States Coast Guard rule, so that the two may be reviewed together by OMB.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 03/04/2003

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/28/2003	04/30/2003	04/30/2003
Returned to Mode			05/13/2003
Resent to OST			06/15/2003
Returned to Mode/2			07/01/2003
Resubmitted to OST/2			07/22/2003
To OMB	05/26/2003		09/05/2003
Withdrawn from OMB			09/29/2003
Resubmitted to OMB/2		10/15/2003	10/23/2003
OMB Clearance	08/26/2003	01/23/2004
Publication Date	09/05/2003	02/05/2004
End of Comment Period	12/05/2003	05/05/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None