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

 

60. Trading Restrictions on Vessels Transferred To a Foreign Registry: Amendment of List of Prohibited Countries

 

61. Maritime Security Program




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: Cargo Preference

RIN 2133-AB37

Stage: NPRM

Previous Stage: ANPRM: Publication Date 1/28/99; End of Comment Period 3/29/99; End of Extended Comment Period 4/28/1999.

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Withdrawn from OMB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 

Returned by OMB/2

 

 

02/12/2004 

Version 2 Submitted to OST

 

 

02/26/2004 

Returned to Mode/3

 

 

03/30/2004 

Resubmitted to OST

 

 

 

OMB Clearance

09/04/2002 

04/15/2004 

 

Publication Date

09/11/2002 

07/15/2004 

 

End of Comment Period

11/13/2002 

 09/15/2004

 

Explanation for any delay:

Additional coordination necessary
Awaiting development of additional data

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 rulemaking 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 

02/04/2004 

End of Comment Period

12/05/2003 

05/05/2004 

05/04/2004 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: 69 FR 5403



Maritime Administration

60. 

Trading Restrictions on Vessels Transferred To a Foreign Registry: Amendment of List of Prohibited Countries

Green

Popular Title: Prohibited Countries

RIN 2133-AB55

Stage: Final Rule

Previous Stage:None

Abstract: This rulemaking amends MARAD's regulations to incorporate the Department of Commerce's list by reference, in lieu of listing the individual countries, to prevent the need for future rulemakings to keep MARAD's regulations current with the prohibited countries list. The Maritime Administration (MARAD) currently prohibits the foreign transfer of an interest in or control of certain U.S. documented or previously U.S. documented vessels to an entity in the foreign countries listed in the Department of Commerce's list of prohibited countries. MARAD's regulations currently list individual countries set forth in outdated version of the Department of Commerce's list of countries. This essentially ministerial rule was upgraded by OMB because it relates to other agencies' controversial determinations of prohibited countries.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/12/2003

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/14/2004 

 

04/14/2004 

To OMB

05/20/2004 

 

 

OMB Clearance

08/20/2004 

 

 

Publication Date

08/25/2004 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Maritime Administration

61. 

Maritime Security Program

Green

Popular Title: Maritime Security

RIN 2133-AB62

Stage: Interim Final Rule

Previous Stage:None

Abstract: This rulemaking would provide procedures to implement the provisions of Subtitle C, Title XXXV of the National Defense Authorization Act for Fiscal Year 2004, the Maritime Security Act of 2003 (MSA 2003). The MSA 2003 authorizes payments for fiscal years (FYs) 2006 through 2015 for the Maritime Security Program (MSP). The MSP establishes a fleet of active, commercially viable, privately owned vessels to meet national defense and other security requirements and to maintain a United States presence in international commercial shipping. Under section 3533 of the Maritime Security Act, MARAD has statutory authority to issue this rulemaking as an interim final rule.

Effects:

 

Major

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 12/01/2003

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/02/2004 

 

04/02/2004 

To OMB

05/03/2004 

 

 

OMB Clearance

08/03/2004 

 

 

Publication Date

08/10/2004 

 

 

End of Comment Period

10/10/2004 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None