Justia Regulation Tracker

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[Federal Register: March 18, 2009 (Volume 74, Number 51)]
[Rules and Regulations]               
[Page 11502-11503]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr09-16]                         

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 315

[Docket No. MARAD 2009 0022]
RIN 2133-AB73

 
U.S. Citizenship for Contracts on RRF Vessels

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule; clarification.

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SUMMARY: On August 21, 2008, the Maritime Administration published the 
final rule in this docket to clarify Maritime Administration 
regulations which require that Agents (including Ship Managers) for the 
National Defense Reserve Fleet (NDRF) appointed by the Maritime 
Administration be United States citizens. The final rule was published 
with an effective date of the date of publication. Prior to 
publication, we inadvertently failed to submit the rule to Congress and 
the General Accounting Office (GAO), as required by the Congressional 
Review provisions in the Small Business Regulatory Enforcement Fairness 
Act (SBREFA). Therefore, the rule did not go into effect on the date of 
publication.

DATES: The applicability date for the final rule published at 73 FR 
49357 (August 21, 2008) was March 13, 2009.

FOR FURTHER INFORMATION CONTACT: Jay Gordon, Office of the Chief 
Counsel, at (202) 366-5173, via e-mail at Jay.Gordon@dot.gov, or by 
writing to: Jay Gordon, Office of the Chief Counsel, Maritime 
Administration, MAR-221, 1200 New Jersey Avenue, SE., Washington DC 
20590.

SUPPLEMENTARY INFORMATION:

Background

    For complete background and regulatory analysis, see the original 
document published August 21, 2008 (73 FR 49357). This final rule 
indicated that it would be effective upon publication. Pursuant to 
Section 553 of the Administrative Procedure Act (APA), codified at 5 
U.S.C. 553, with certain exceptions, substantive rules cannot take 
effect less than 30 days after publication, unless the agency finds 
good cause for doing so and provides a written explanation of any good 
cause found when the rule is published. The Maritime Administration 
(MARAD) provided no justification for the immediate effective date in 
the published rule document and, in fact, MARAD did not intend to avail 
itself of the good cause exception of 5 U.S.C.

[[Page 11503]]

553. In addition, in accordance with the Congressional Review 
provisions in SBEWFA, at 5 U.S.C. 801(a)(4), a final rule cannot ``take 
effect'' until the rule is submitted to Congress in accordance with 5 
U.S.C. 801(a)(1). The rule was submitted to Congress on March 12, 2009.
    According to the procedures established by the Administrative 
Committee of the Federal Register under the Federal Register Act (44 
U.S.C. Chapter 15), the amendments to the Code of Federal Regulations 
(CFR) set out in this final rule were incorporated into the CFR on 
August 21, 2008, the effective date of the rule. However, because of 
the issues with the APA and the Congressional Review provisions, this 
rule could not become operative until March 13, 2009.
    Accordingly, MARAD acknowledges that the rule was not operative and 
enforceable until March 13, 2009. MARAD further notes that because the 
rule establishes procedures that have not yet been utilized, neither 
the public, nor any regulated entities, were harmed in the interim 
period between publication of the rule and March 13, 2009.

    Dated: March 9, 2009.

    By Order of the Maritime Administrator.
Christine Gurland,
Acting Secretary, Maritime Administration.
[FR Doc. E9-5787 Filed 3-17-09; 8:45 am]

BILLING CODE 4910-81-P