Report on DOT Significant Rulemakings

Table of Contents

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Maritime Administration

60. 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

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



Maritime Administration
Maritime Administration
60. 
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Withdrawn from OMB     02/01/2001 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  11/06/2003 
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
61. 
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  01/21/2004 
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