Report on DOT Significant Rulemakings

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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: Vessel Types Red
Popular Title: Cargo Preference: Vessel Types
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NPRM: Milestone Originally Scheduled Date New Projected Date Actual Date To OST     02/17/2000  To OMB     03/17/2000  Withdrawn from OMB     02/01/2001  Returned to Mode     02/01/2001  Resubmitted to OST 05/08/2002  11/01/2002  10/24/2002  Resubmitted to OMB   11/29/2002  03/18/2003  Returned by OMB     06/13/2003  Returned to Mode/2     06/13/2003  Resubmitted to OMB/2   10/15/2003  11/06/2003  Returned by OMB/2     02/12/2004  Returned to Mode/3     02/12/2004  Version 2 Submitted to OST     02/26/2004  Returned to Mode/4     03/26/2004  Resubmitted to OST     05/05/2004  Resubmitted to OMB/4   06/04/2004    OMB Clearance 09/04/2002  09/04/2004    Publication Date 09/11/2002  12/04/2004    End of Comment Period 11/13/2002  12/11/2004
Explanation for any delay: Additional coordination necessary Awaiting development of additional data
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 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 and then resubmitted with a companion United States Coast Guard rule, so that the two could 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
62.	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: 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 an outdated version of the Department of Commerce's list of countries.This rulemaking would amend 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 of prohibited countries to keep MARAD's regulations current. This essentially ministerial rule was upgraded to significant at the request of 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
63.	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 the Maritime Security Act of 2003 (MSA 2003). The MSA 2003 authorizes payments for fiscal years (FYs) 2006 through 2015 for a new Maritime Security Program (MSP). The MSP supports 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:   Economically Significant 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    05/18/2004  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