Determination of Availability of Coastwise-Qualified Launch Barges, 47771-47774 [05-16096]
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Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Proposed Rules
already been immunized during this
time period; and
(ii) The resident or the resident’s legal
representative must be provided the
opportunity to refuse immunization. If
the resident or the resident’s legal
representative refuses immunization,
the facility must ensure the resident or
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influenza immunization.
(iii) The resident’s immunization
status is documented in the resident’s
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limited to; that the resident received an
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the benefits of influenza immunization.
(2) Pneumococcal disease. The facility
must ensure that—
(i) Each resident is offered a
pneumococcal immunization, unless
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already been immunized; and
(ii) The resident or the resident’s legal
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(iii) The resident’s immunization
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(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program)
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(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: May 20, 2005.
Mark B. McClellan,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: August 10, 2005.
Michael O. Leavitt,
Secretary.
[FR Doc. 05–16160 Filed 8–12–05; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 389
[Docket No. MARAD–2005–22050]
RIN 2133–AB67
Determination of Availability of
Coastwise-Qualified Launch Barges
Maritime Administration, DOT.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Maritime Administration
(MARAD, we, our, or us) is publishing
this proposed rulemaking to establish
regulations governing administrative
determinations of availability of
coastwise-qualified launch barges to be
used in the transportation and
launching of offshore oil drilling or
production platform jackets in specified
projects. This rulemaking implements
provisions of the Coast Guard and
Maritime Transportation Act of 2004,
which, among other things, requires the
Secretary of Transportation (acting
through the Maritime Administrator) to
adopt procedures to determine if
coastwise-qualified vessels are available
for platform jacket transport and
launching, and, if not, to allow the use
of non-coastwise qualified foreign built
vessels.
DATES: Comments are due by October
14, 2005.
ADDRESSES: You may submit comments
[identified by DOT DMS Docket Number
MARAD–2005–22050] by any of the
following methods:
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
7th St., SW., Nassif Building, Room PL–
401, Washington, DC 20590–001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
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47771
400 7th St., SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number for this rulemaking. Note that
all comments received will be posted
without change to https://dms.dot.gov
including any personal information
provided. Please see the Privacy Act
heading under Regulatory Notices.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 7th St., SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Michael Hokana, Office of Ports and
Domestic Shipping, Maritime
Administration, MAR–830, Room 7201,
400 7th St., SW., Washington, DC
20590; telephone: (202) 366–0760;
email: Michael.Hokana@dot.gov.
SUPPLEMENTARY INFORMATION: Section 27
of the Merchant Marine Act of 1920,
commonly known as the Jones Act (46
App. U.S.C. 883), requires, with a few
exceptions, that all cargo transported in
the coastwise trade be carried on ships
that are U.S.-owned and U.S.-built. The
Jones Act has been amended over the
years, and in 1988 a special technical
proviso, known as the thirteenth
proviso, was added to allow for the use
of foreign-built platform jacket launch
barges in the coastwise trade if no U.S.built vessels were found to be available.
On August 9, 2004, the thirteenth
proviso of the Jones Act was amended
by section 417 of the Coast Guard and
Maritime Transportation Act of 2004,
Public Law 108–293 (the Act). Under
the Act, the Secretary of Transportation
is directed to establish procedures to
issue determinations as to whether
suitable U.S.-built barges are available
for use in transportation and launching
(i.e., installation) of offshore oil drilling
or production structures. The Act
directs that if the Secretary determines,
upon application by the owner/operator
of a foreign-built barge, that a suitable
U.S.-built barge is not reasonably
available for use in a specified launch
project, then the foreign-built barge may
be used. Because the Bureau of Customs
and Border Protection (CBP) is
responsible for enforcing violations of
the coastwise laws, MARAD
recommends that applicants that receive
a determination from MARAD further
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Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Proposed Rules
obtain a ruling regarding the use of the
thirteenth proviso of the Jones Act from
CBP before proceeding with their
transportation and launch projects.
Program Description
In this rulemaking, MARAD is
proposing procedures to be followed in
order to apply for U.S.-flag availability
determinations for the specialized
‘‘platform jacket’’ launch market.
‘‘Platform jacket’’ refers to a single
physical component and includes any
type of offshore exploration,
development, or production structure or
component thereof, including platform
jackets, tension leg or SPAR platform
superstructures (including the deck,
drilling rig and support utilities, and
supporting structure), hull (including
vertical legs and connecting pontoons or
vertical cylinder), tower and base
sections of a platform jacket, jacket
structures, and deck modules (known as
‘‘topsides’’).
For each proposed project, MARAD
will publish a notice of application in
the Federal Register and will provide
the appropriate references to the DOT
Docket Management System where
applications will be available for public
review and comment. Each application
must include the engineering details
(specifying the need for a vessel with a
launch capacity of 12,000 long tons or
more) and the timing requirements
(establishing an approximate date and
time window for the launch). MARAD
will request that comments and
information on the availability of
coastwise-qualified vessels be submitted
within thirty (30) days after publication
of the initial notice of application. If
MARAD does not receive information
within the thirty (30) day comment
period indicating that a suitable
coastwise-qualified vessel is available
for the project, or if MARAD receives
such information, but determines that
the vessel is not suitable or is not
reasonably available for the project, then
MARAD will issue a determination
indicating the non-availability of a
coastwise-qualified barge.
Determinations will be issued within
ninety (90) days from the date the initial
notice of application is published in the
Federal Register.
Because launch barges have long lead
times for construction, applicants are
encouraged to provide the Maritime
Administration and the public with as
much notice as possible in advance of
their projects. Early notification will
help ensure the maximum utilization of
coastwise-qualified vessels, and will
assist the Maritime Administration in its
review process. The ideal time for
providing notification is when the need
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for the installation of a platform jacket
is identified. For instance,
transportation plans for launch projects
are typically arranged when application
is made to the Minerals Management
Service for use of an offshore portion of
the outer continental shelf, which is
typically years in advance of a launch
project.
The Maritime Administration
recognizes that advance notice of
projects may increase the U.S. presence
in the launch barge industry, as
companies would be more likely to
build barges to meet known market
demands. MARAD welcomes
suggestions, in addition to comments on
the proposed regulation, regarding how
to increase the utilization of U.S.-flag
launch barges and is interested in
hearing from the public on how it may
facilitate the flow of information
regarding early notification of projects
so that the U.S. launch barge industry
may effectively respond to projected
needs.
Application Fee
Title V of the Independent Offices
Appropriations Act of 1952 (‘‘IOAA’’; 31
U.S.C. 9701) authorizes Federal agencies
to establish and collect user fees. The
statute provides that each service or
thing of value provided by an agency
should be self-sustaining to the extent
possible, and that each charge shall be
fair and based on the costs to the
Government, the value of the service or
thing to the recipient, the policy or
interest served, and other relevant
factors. 31 U.S.C. 9701.
The primary guidance for
implementation of the IOAA is Office of
Management and Budget (OMB)
Circular No. A–25 (‘‘User Charges,’’ July
8, 1993). Circular A–25, section 6,
directs agencies to assess user charges
against identifiable recipients for special
benefits derived from Federal activities
beyond those received by the general
public. Circular A–25 further directs
agencies, with limited exceptions, to
recover the full cost of providing a
Government service from the direct
recipients of special benefits. Section
6(d) of Circular A–25 defines ‘‘full cost’’
as including ‘‘all direct and indirect
costs to any part of the Federal
Government of providing a good,
resource, or service.’’
Pursuant to these directives, MARAD
is proposing to set the application fee
for administrative determination of
availability at $16,460.00. Because
determinations of availability under part
389 represent special benefits to
identifiable recipients (i.e., vessel
owners) that are beyond the benefits and
services normally received by the
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general public, the IOAA and Circular
A–25 direct MARAD to assess user fees
for providing this service.
Following the principles embodied in
Circular A–25, MARAD estimates the
costs associated with processing and
issuing determinations under part 389
as follows. The main cost components
of the program include direct and
indirect personnel costs and Federal
Register publication costs. MARAD
estimates that average personnel costs
for processing each application will be
$15,995.00. The second main cost
component of the program will be the
cost of publishing notices of
applications in the Federal Register.
The current Federal Register
publication cost is $155 per column and
the average length of a public notice
published for this program is estimated
to be three columns. Thus, the total
average publication cost will be
$465.00. The total of personnel costs
and Federal Register publication costs
is estimated to be $16,460.00.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT
Regulatory Policies and Procedures
This rulemaking is not significant
under section 3(f) of Executive Order
12866, and as a consequence, OMB did
not review the rule. This rulemaking is
also not significant under the Regulatory
Policies and Procedures of the
Department of Transportation (44 FR
11034; February 26, 1979). It is also not
considered a major rule for purposes of
congressional review under Public Law
104–121. MARAD believes that the
economic impact of this rulemaking is
so minimal as to not warrant the
preparation of a full regulatory
evaluation. This rulemaking merely
establishes procedures to determine if a
coastwise-qualified barge is available for
use in a project and, if not, to allow the
use of a non-coastwise qualified barge.
Executive Order 13132
We analyzed this rulemaking in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’) and have
determined that it does not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement. The
regulations herein have no substantial
effects on the States, the current
Federal-State relationship, or the
current distribution of power and
responsibilities among local officials.
Therefore, MARAD did not consult with
State and local officials because it was
not necessary.
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Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Proposed Rules
Regulatory Flexibility Act
The Regulatory Flexibility Act
requires MARAD to assess the impact
that regulations will have on small
entities. After analysis of this proposed
rule, the Maritime Administrator
certifies that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
We anticipate that few, if any, small
entities will participate in this process
due to the nature of the shipping
industry and the capital costs associated
with vessels that fall under this
program.
Environmental Assessment
We have analyzed this proposed rule
for purposes of compliance with the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321 et seq.)
and we have concluded that, under the
categorical exclusions provision in
section 4.05 of Maritime Administrative
Order (MAO) 600–1, ‘‘Procedures for
Considering Environmental Impacts,’’
50 FR 11606 (March 22, 1985), neither
the preparation of an Environmental
Assessment, an Environmental Impact
Statement, nor a Finding of No
Significant Impact for this rulemaking is
required. This rulemaking will not
result, either individually or
cumulatively, in a significant impact on
the environment. This rulemaking only
relates to the determination of whether
a coastwise-qualified barge is available
for a project, and, if not, allows the use
of a non-coastwise qualified barge.
Paperwork Reduction Act
This rulemaking contains an
information collection that will require
review and clearance by the Office of
Management and Budget (OMB).
Unfunded Mandates Reform Act
This rulemaking does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of $100
million or more to either State, local, or
tribal governments, in the aggregate, or
to the private sector, and is the least
burdensome alternative that achieves
this objective of U.S. policy.
Executive Order 13175
MARAD believes that these
regulations will have no significant or
unique effect on the communities of
Indian tribal governments when
analyzed under the principles and
criteria contained in Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments).
Therefore, the funding and consultation
requirements of this Executive Order do
not apply.
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Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN contained in the heading
of this document can be used to crossreference this action with the Unified
Agenda.
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
List of Subjects in 46 CFR Part 389
Administrative practice and
procedure, Maritime carriers, Reporting
and recordkeeping requirements.
Accordingly, the Maritime
Administration proposes to amend 46
CFR chapter II, subchapter J, by adding
Part 389 to read as follows:
PART 389—DETERMINATION OF
AVAILABILITY OF COASTWISEQUALIFIED LAUNCH BARGES
Sec.
389.1
389.2
389.3
389.4
Purpose.
Definitions.
Application and fee.
Review; Issuance of determinations.
Authority: 46 App. U.S.C. 1114(b); 46 App.
U.S.C. 883; Pub. L. 108–293, 118 Stat 1028;
49 CFR 1.66.
§ 389.1
Purpose.
This part prescribes regulations
implementing the provisions of section
417 of Public Law 108–293, which
grants the Secretary, acting through the
Maritime Administration, the authority
to review and approve applications for
determinations of availability of
coastwise-qualified launch barges.
Owners or operators of non-coastwise
qualified launch barges may submit
information regarding a specific
platform jacket transport and launch
project in order for MARAD to
determine whether a suitable coastwisequalified barge is available for the
project. If a suitable coastwise-qualified
launch barge is not available, a noncoastwise qualified foreign built vessel
may be used subject to applicable laws
and approval from the Bureau of
Customs and Border Protection.
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§ 389.2
47773
Definitions.
For the purposes of this part:
(a) Administrator means the Maritime
Administrator.
(b) Coastwise-qualified Vessel means
a vessel that has been issued a
certificate of documentation with a
coastwise endorsement under 46 U.S.C.
12106.
(c) Coastwise Trade Laws include:
(1) The Coastwise Endorsement
Provision of the Vessel Documentation
Laws, (46 U.S.C. 12106);
(2) The Passenger Services Act,
section 8 of the Act of June 19, 1886 (46
App. U.S.C. 289);
(3) The Jones Act, section 27 of the
Merchant Marine Act, 1920 (46 App.
U.S.C. 883); and
(4) Section 2(c) of the Shipping Act of
1916 (46 App. U.S.C. 802).
(d) Eligible Vessel means a Launch
Barge that:
(1) Is technically capable of
transporting and launching an offshore
drilling or production platform jacket;
(2) Is available to load the jacket
structure, transport the jacket and
launch the jacket (in a timely manner or
within 7 calendar days of projected
loading date); and
(3) Was built before December 31,
2000.
(e) Launch Barge means a non-selfpropelled barge (or vessel) that is
capable of:
(1) Carrying an offshore drilling and/
or production platform jacket structure
of 12,000 long tons or more; and
(2) Stern launching the offshore
drilling or production platform jacket
structure in an offshore environment.
(f) A long ton equals 2,240 pounds.
(g) MARAD means the Maritime
Administration, U.S. Department of
Transportation.
(h) Platform Jacket refers to a single
physical component and includes any
type of offshore exploration,
development, or production structure or
component thereof, including platform
jackets, tension leg or SPAR platform
superstructures (including the deck,
drilling rig and support utilities, and
supporting structure), hull (including
vertical legs and connecting pontoons or
vertical cylinder), tower and base
sections of a platform jacket, jacket
structures, and deck modules (known as
‘‘topsides’’).
(i) Secretary means the Secretary of
Transportation.
§ 389.3
Application and fee.
(a) General. Owners and operators
must submit the information described
in paragraphs (b) and (c) of this section
to the Maritime Administration, Office
of Ports and Domestic Shipping, MAR–
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Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Proposed Rules
830, Room 7201, 400 7th St., SW.,
Washington, DC 20590. Written
applications must be signed by the
submitting party and accompanied by a
check in the amount of $16,460.00 made
payable to the ‘‘Maritime
Administration.’’
(b) Required transport and launch
project information. (1) Applications
must include a general description of
the launch project, including:
(i) A description of the jacket
structure with launching weight, center
of gravity, major dimensions, and a
general arrangement plan,
(ii) The projected loading date and
site,
(iii) The projected launching date and
site, and
(iv) The launch barges considered,
their technical merits and availability
studies.
(2) Characteristics of the desired
Launch Barge, including, at a minimum,
the following information:
(i) Name of the Launch Barge,
(ii) Registered owner of the barge,
(iii) Physical dimensions, deadweight
capacity in long tons, ballasting
capacities and arrangements, and
launch rail capacity and arrangements,
(iv) Hull girder stress study, with
supporting documentation, for the
proposed launching scenario, and with
American Bureau of Shipping (ABS) or
United States Coast Guard (USCG)
approval,
(v) Hull girder stress study, with
supporting documentation, for the
proposed transit scenario, and with ABS
or USCG approval,
(vi) Vessel intact stability study, with
supporting documentation, for the
transit condition with a 100-year storm,
and with USCG approval, and
(vii) Vessel intact stability study, with
supporting documentation, for the
launching operation in calm sea
condition, and with USCG approval.
(3) Date and place of construction and
(if applicable) rebuilding. (If applicant is
unable to document the origin of the
vessel, foreign construction will be
assumed).
(4) Name, address, and telephone
number of the vessel owner.
(5) A statement that the applicant
represents that the information in this
paragraph (b) is true to the best of the
applicant’s knowledge.
(c) MARAD may require additional
information from the applicant as part
of the review process.
§ 389.4 Review; Issuance of
determinations.
(a) Initial process; Completeness.
MARAD will review each application
for completeness as received.
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Applications will not be processed until
deemed complete by MARAD. We will
notify the applicant if additional
information is necessary. MARAD
encourages the submission of
applications well in advance of projects
dates in order to allow sufficient time
for review under this part. All
applications will be available for public
inspection electronically in the
Department of Transportation Docket at
https://dot.dms.gov.
(b) Technical reviews. (1) MARAD
technical personnel will review the
technical data stated in § 389.3. The
data must be complete and current. The
submitted data will not be returned to
the applicant and will be retained by
MARAD on file for a period of time. The
review will not substitute the review
and approval by either the ABS or
USCG . The review will not verify the
accuracy or correctness of the
applicant’s engineering proposal. The
review only pertains to the general
reasonableness and soundness of the
technical approach.
(2) If a previously reviewed and
approved Launch Barge is to be used for
carrying a jacket that in all aspects is
similar to the last loading and launching
operation, the applicant may state so in
writing, and submit only the Jacket
information for verification and no indepth vessel stability or hull girder
stress studies will be required.
(c) Administrative review; Public
comment. (1) Notice of applications
under review will be published in the
Federal Register. Interested parties will
have thirty (30) days from the date of
publication to submit information
regarding the availability of eligible
coastwise-qualified vessels. Such
information should include the
technical data outlined in § 389.3(b)(2).
(2) If MARAD does not receive
information within the thirty (30) day
comment period indicating that a
suitable coastwise-qualified vessel is
available for the transportation of the
platform jacket, or if MARAD receives
such information, but determines that
the vessel is not suitable or is not
reasonably available for the
transportation, then MARAD will issue
a determination indicating the nonavailability of a coastwise-qualified
barge.
(3) Determinations will be issued
within ninety (90) days from the date
the initial notice of application is
published in the Federal Register.
(4) Upon issuance of a determination,
MARAD recommends that applicants
contact the Bureau of Customs and
Border Protection to ensure that all
other requirements of the coastwise
laws are satisfied.
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(5) Determinations of availability
expire one hundred twenty (120) days
after the date of issuance, unless
extended for good cause, as determined
by the Maritime Administrator.
Dated: August 9, 2005.
By order of the Maritime Administrator.
Joel C. Richard,
Secretary.
[FR Doc. 05–16096 Filed 8–12–05; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 060719189–5189–01; I.D.
071405C]
RIN 0648–AT33
International Fisheries; Pacific Tuna
Fisheries; Restrictions for 2005 and
2006 Purse Seine and Longline
Fisheries in the Eastern Tropical
Pacific Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes this rule to
implement the 2005 and 2006
management measures to prevent
overfishing of the eastern tropical
Pacific Ocean (ETP) tuna stocks,
consistent with recommendations by the
Inter-American Tropical Tuna
Commission (IATTC) that have been
approved by the Department of State
(DOS) under the Tuna Conventions Act.
The purse seine fishery for tuna in the
Convention Area would be closed for a
6-week period beginning November 20,
2005, through December 31, 2005, and
beginning November 20, 2006, through
December 31, 2006. A closure later in
the fishing year minimizes the
disruption of planned fishery
operations, which are not traditionally
active during the winter, while meeting
the conservation goals for tunas in the
ETP. This proposed rule would also
close the U.S. longline fishery in the
IATTC Convention Area in 2005 and
2006 if the catch reaches the estimated
level of 2001. For 2001, the estimated
catch of longline caught bigeye tuna was
150 metric tons (mt). This action is
taken to limit fishing mortality caused
by purse seine fishing and longline
fishing in the Convention Area and
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]]>Agencies
[Federal Register Volume 70, Number 156 (Monday, August 15, 2005)]
[Proposed Rules]
[Pages 47771-47774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16096]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 389
[Docket No. MARAD-2005-22050]
RIN 2133-AB67
Determination of Availability of Coastwise-Qualified Launch
Barges
AGENCY: Maritime Administration, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Maritime Administration (MARAD, we, our, or us) is
publishing this proposed rulemaking to establish regulations governing
administrative determinations of availability of coastwise-qualified
launch barges to be used in the transportation and launching of
offshore oil drilling or production platform jackets in specified
projects. This rulemaking implements provisions of the Coast Guard and
Maritime Transportation Act of 2004, which, among other things,
requires the Secretary of Transportation (acting through the Maritime
Administrator) to adopt procedures to determine if coastwise-qualified
vessels are available for platform jacket transport and launching, and,
if not, to allow the use of non-coastwise qualified foreign built
vessels.
DATES: Comments are due by October 14, 2005.
ADDRESSES: You may submit comments [identified by DOT DMS Docket Number
MARAD-2005-22050] by any of the following methods:
Web Site: https://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 7th St., SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 7th St., SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number for this rulemaking. Note that all comments received will
be posted without change to https://dms.dot.gov including any personal
information provided. Please see the Privacy Act heading under
Regulatory Notices.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 7th St., SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michael Hokana, Office of Ports and
Domestic Shipping, Maritime Administration, MAR-830, Room 7201, 400 7th
St., SW., Washington, DC 20590; telephone: (202) 366-0760; email:
Michael.Hokana@dot.gov.
SUPPLEMENTARY INFORMATION: Section 27 of the Merchant Marine Act of
1920, commonly known as the Jones Act (46 App. U.S.C. 883), requires,
with a few exceptions, that all cargo transported in the coastwise
trade be carried on ships that are U.S.-owned and U.S.-built. The Jones
Act has been amended over the years, and in 1988 a special technical
proviso, known as the thirteenth proviso, was added to allow for the
use of foreign-built platform jacket launch barges in the coastwise
trade if no U.S.-built vessels were found to be available.
On August 9, 2004, the thirteenth proviso of the Jones Act was
amended by section 417 of the Coast Guard and Maritime Transportation
Act of 2004, Public Law 108-293 (the Act). Under the Act, the Secretary
of Transportation is directed to establish procedures to issue
determinations as to whether suitable U.S.-built barges are available
for use in transportation and launching (i.e., installation) of
offshore oil drilling or production structures. The Act directs that if
the Secretary determines, upon application by the owner/operator of a
foreign-built barge, that a suitable U.S.-built barge is not reasonably
available for use in a specified launch project, then the foreign-built
barge may be used. Because the Bureau of Customs and Border Protection
(CBP) is responsible for enforcing violations of the coastwise laws,
MARAD recommends that applicants that receive a determination from
MARAD further
[[Page 47772]]
obtain a ruling regarding the use of the thirteenth proviso of the
Jones Act from CBP before proceeding with their transportation and
launch projects.
Program Description
In this rulemaking, MARAD is proposing procedures to be followed in
order to apply for U.S.-flag availability determinations for the
specialized ``platform jacket'' launch market. ``Platform jacket''
refers to a single physical component and includes any type of offshore
exploration, development, or production structure or component thereof,
including platform jackets, tension leg or SPAR platform
superstructures (including the deck, drilling rig and support
utilities, and supporting structure), hull (including vertical legs and
connecting pontoons or vertical cylinder), tower and base sections of a
platform jacket, jacket structures, and deck modules (known as
``topsides'').
For each proposed project, MARAD will publish a notice of
application in the Federal Register and will provide the appropriate
references to the DOT Docket Management System where applications will
be available for public review and comment. Each application must
include the engineering details (specifying the need for a vessel with
a launch capacity of 12,000 long tons or more) and the timing
requirements (establishing an approximate date and time window for the
launch). MARAD will request that comments and information on the
availability of coastwise-qualified vessels be submitted within thirty
(30) days after publication of the initial notice of application. If
MARAD does not receive information within the thirty (30) day comment
period indicating that a suitable coastwise-qualified vessel is
available for the project, or if MARAD receives such information, but
determines that the vessel is not suitable or is not reasonably
available for the project, then MARAD will issue a determination
indicating the non-availability of a coastwise-qualified barge.
Determinations will be issued within ninety (90) days from the date the
initial notice of application is published in the Federal Register.
Because launch barges have long lead times for construction,
applicants are encouraged to provide the Maritime Administration and
the public with as much notice as possible in advance of their
projects. Early notification will help ensure the maximum utilization
of coastwise-qualified vessels, and will assist the Maritime
Administration in its review process. The ideal time for providing
notification is when the need for the installation of a platform jacket
is identified. For instance, transportation plans for launch projects
are typically arranged when application is made to the Minerals
Management Service for use of an offshore portion of the outer
continental shelf, which is typically years in advance of a launch
project.
The Maritime Administration recognizes that advance notice of
projects may increase the U.S. presence in the launch barge industry,
as companies would be more likely to build barges to meet known market
demands. MARAD welcomes suggestions, in addition to comments on the
proposed regulation, regarding how to increase the utilization of U.S.-
flag launch barges and is interested in hearing from the public on how
it may facilitate the flow of information regarding early notification
of projects so that the U.S. launch barge industry may effectively
respond to projected needs.
Application Fee
Title V of the Independent Offices Appropriations Act of 1952
(``IOAA''; 31 U.S.C. 9701) authorizes Federal agencies to establish and
collect user fees. The statute provides that each service or thing of
value provided by an agency should be self-sustaining to the extent
possible, and that each charge shall be fair and based on the costs to
the Government, the value of the service or thing to the recipient, the
policy or interest served, and other relevant factors. 31 U.S.C. 9701.
The primary guidance for implementation of the IOAA is Office of
Management and Budget (OMB) Circular No. A-25 (``User Charges,'' July
8, 1993). Circular A-25, section 6, directs agencies to assess user
charges against identifiable recipients for special benefits derived
from Federal activities beyond those received by the general public.
Circular A-25 further directs agencies, with limited exceptions, to
recover the full cost of providing a Government service from the direct
recipients of special benefits. Section 6(d) of Circular A-25 defines
``full cost'' as including ``all direct and indirect costs to any part
of the Federal Government of providing a good, resource, or service.''
Pursuant to these directives, MARAD is proposing to set the
application fee for administrative determination of availability at
$16,460.00. Because determinations of availability under part 389
represent special benefits to identifiable recipients (i.e., vessel
owners) that are beyond the benefits and services normally received by
the general public, the IOAA and Circular A-25 direct MARAD to assess
user fees for providing this service.
Following the principles embodied in Circular A-25, MARAD estimates
the costs associated with processing and issuing determinations under
part 389 as follows. The main cost components of the program include
direct and indirect personnel costs and Federal Register publication
costs. MARAD estimates that average personnel costs for processing each
application will be $15,995.00. The second main cost component of the
program will be the cost of publishing notices of applications in the
Federal Register. The current Federal Register publication cost is $155
per column and the average length of a public notice published for this
program is estimated to be three columns. Thus, the total average
publication cost will be $465.00. The total of personnel costs and
Federal Register publication costs is estimated to be $16,460.00.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking is not significant under section 3(f) of Executive
Order 12866, and as a consequence, OMB did not review the rule. This
rulemaking is also not significant under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034; February
26, 1979). It is also not considered a major rule for purposes of
congressional review under Public Law 104-121. MARAD believes that the
economic impact of this rulemaking is so minimal as to not warrant the
preparation of a full regulatory evaluation. This rulemaking merely
establishes procedures to determine if a coastwise-qualified barge is
available for use in a project and, if not, to allow the use of a non-
coastwise qualified barge.
Executive Order 13132
We analyzed this rulemaking in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism'') and have
determined that it does not have sufficient federalism implications to
warrant the preparation of a federalism summary impact statement. The
regulations herein have no substantial effects on the States, the
current Federal-State relationship, or the current distribution of
power and responsibilities among local officials. Therefore, MARAD did
not consult with State and local officials because it was not
necessary.
[[Page 47773]]
Regulatory Flexibility Act
The Regulatory Flexibility Act requires MARAD to assess the impact
that regulations will have on small entities. After analysis of this
proposed rule, the Maritime Administrator certifies that this proposed
rule will not have a significant economic impact on a substantial
number of small entities. We anticipate that few, if any, small
entities will participate in this process due to the nature of the
shipping industry and the capital costs associated with vessels that
fall under this program.
Environmental Assessment
We have analyzed this proposed rule for purposes of compliance with
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.) and we have concluded that, under the categorical exclusions
provision in section 4.05 of Maritime Administrative Order (MAO) 600-1,
``Procedures for Considering Environmental Impacts,'' 50 FR 11606
(March 22, 1985), neither the preparation of an Environmental
Assessment, an Environmental Impact Statement, nor a Finding of No
Significant Impact for this rulemaking is required. This rulemaking
will not result, either individually or cumulatively, in a significant
impact on the environment. This rulemaking only relates to the
determination of whether a coastwise-qualified barge is available for a
project, and, if not, allows the use of a non-coastwise qualified
barge.
Paperwork Reduction Act
This rulemaking contains an information collection that will
require review and clearance by the Office of Management and Budget
(OMB).
Unfunded Mandates Reform Act
This rulemaking does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local, or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves this objective of U.S. policy.
Executive Order 13175
MARAD believes that these regulations will have no significant or
unique effect on the communities of Indian tribal governments when
analyzed under the principles and criteria contained in Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments).
Therefore, the funding and consultation requirements of this Executive
Order do not apply.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://dms.dot.gov.
List of Subjects in 46 CFR Part 389
Administrative practice and procedure, Maritime carriers, Reporting
and recordkeeping requirements.
Accordingly, the Maritime Administration proposes to amend 46 CFR
chapter II, subchapter J, by adding Part 389 to read as follows:
PART 389--DETERMINATION OF AVAILABILITY OF COASTWISE-QUALIFIED
LAUNCH BARGES
Sec.
389.1 Purpose.
389.2 Definitions.
389.3 Application and fee.
389.4 Review; Issuance of determinations.
Authority: 46 App. U.S.C. 1114(b); 46 App. U.S.C. 883; Pub. L.
108-293, 118 Stat 1028; 49 CFR 1.66.
Sec. 389.1 Purpose.
This part prescribes regulations implementing the provisions of
section 417 of Public Law 108-293, which grants the Secretary, acting
through the Maritime Administration, the authority to review and
approve applications for determinations of availability of coastwise-
qualified launch barges. Owners or operators of non-coastwise qualified
launch barges may submit information regarding a specific platform
jacket transport and launch project in order for MARAD to determine
whether a suitable coastwise-qualified barge is available for the
project. If a suitable coastwise-qualified launch barge is not
available, a non-coastwise qualified foreign built vessel may be used
subject to applicable laws and approval from the Bureau of Customs and
Border Protection.
Sec. 389.2 Definitions.
For the purposes of this part:
(a) Administrator means the Maritime Administrator.
(b) Coastwise-qualified Vessel means a vessel that has been issued
a certificate of documentation with a coastwise endorsement under 46
U.S.C. 12106.
(c) Coastwise Trade Laws include:
(1) The Coastwise Endorsement Provision of the Vessel Documentation
Laws, (46 U.S.C. 12106);
(2) The Passenger Services Act, section 8 of the Act of June 19,
1886 (46 App. U.S.C. 289);
(3) The Jones Act, section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883); and
(4) Section 2(c) of the Shipping Act of 1916 (46 App. U.S.C. 802).
(d) Eligible Vessel means a Launch Barge that:
(1) Is technically capable of transporting and launching an
offshore drilling or production platform jacket;
(2) Is available to load the jacket structure, transport the jacket
and launch the jacket (in a timely manner or within 7 calendar days of
projected loading date); and
(3) Was built before December 31, 2000.
(e) Launch Barge means a non-self-propelled barge (or vessel) that
is capable of:
(1) Carrying an offshore drilling and/or production platform jacket
structure of 12,000 long tons or more; and
(2) Stern launching the offshore drilling or production platform
jacket structure in an offshore environment.
(f) A long ton equals 2,240 pounds.
(g) MARAD means the Maritime Administration, U.S. Department of
Transportation.
(h) Platform Jacket refers to a single physical component and
includes any type of offshore exploration, development, or production
structure or component thereof, including platform jackets, tension leg
or SPAR platform superstructures (including the deck, drilling rig and
support utilities, and supporting structure), hull (including vertical
legs and connecting pontoons or vertical cylinder), tower and base
sections of a platform jacket, jacket structures, and deck modules
(known as ``topsides'').
(i) Secretary means the Secretary of Transportation.
Sec. 389.3 Application and fee.
(a) General. Owners and operators must submit the information
described in paragraphs (b) and (c) of this section to the Maritime
Administration, Office of Ports and Domestic Shipping, MAR-
[[Page 47774]]
830, Room 7201, 400 7th St., SW., Washington, DC 20590. Written
applications must be signed by the submitting party and accompanied by
a check in the amount of $16,460.00 made payable to the ``Maritime
Administration.''
(b) Required transport and launch project information. (1)
Applications must include a general description of the launch project,
including:
(i) A description of the jacket structure with launching weight,
center of gravity, major dimensions, and a general arrangement plan,
(ii) The projected loading date and site,
(iii) The projected launching date and site, and
(iv) The launch barges considered, their technical merits and
availability studies.
(2) Characteristics of the desired Launch Barge, including, at a
minimum, the following information:
(i) Name of the Launch Barge,
(ii) Registered owner of the barge,
(iii) Physical dimensions, deadweight capacity in long tons,
ballasting capacities and arrangements, and launch rail capacity and
arrangements,
(iv) Hull girder stress study, with supporting documentation, for
the proposed launching scenario, and with American Bureau of Shipping
(ABS) or United States Coast Guard (USCG) approval,
(v) Hull girder stress study, with supporting documentation, for
the proposed transit scenario, and with ABS or USCG approval,
(vi) Vessel intact stability study, with supporting documentation,
for the transit condition with a 100-year storm, and with USCG
approval, and
(vii) Vessel intact stability study, with supporting documentation,
for the launching operation in calm sea condition, and with USCG
approval.
(3) Date and place of construction and (if applicable) rebuilding.
(If applicant is unable to document the origin of the vessel, foreign
construction will be assumed).
(4) Name, address, and telephone number of the vessel owner.
(5) A statement that the applicant represents that the information
in this paragraph (b) is true to the best of the applicant's knowledge.
(c) MARAD may require additional information from the applicant as
part of the review process.
Sec. 389.4 Review; Issuance of determinations.
(a) Initial process; Completeness. MARAD will review each
application for completeness as received. Applications will not be
processed until deemed complete by MARAD. We will notify the applicant
if additional information is necessary. MARAD encourages the submission
of applications well in advance of projects dates in order to allow
sufficient time for review under this part. All applications will be
available for public inspection electronically in the Department of
Transportation Docket at https://dot.dms.gov.
(b) Technical reviews. (1) MARAD technical personnel will review
the technical data stated in Sec. 389.3. The data must be complete and
current. The submitted data will not be returned to the applicant and
will be retained by MARAD on file for a period of time. The review will
not substitute the review and approval by either the ABS or USCG . The
review will not verify the accuracy or correctness of the applicant's
engineering proposal. The review only pertains to the general
reasonableness and soundness of the technical approach.
(2) If a previously reviewed and approved Launch Barge is to be
used for carrying a jacket that in all aspects is similar to the last
loading and launching operation, the applicant may state so in writing,
and submit only the Jacket information for verification and no in-depth
vessel stability or hull girder stress studies will be required.
(c) Administrative review; Public comment. (1) Notice of
applications under review will be published in the Federal Register.
Interested parties will have thirty (30) days from the date of
publication to submit information regarding the availability of
eligible coastwise-qualified vessels. Such information should include
the technical data outlined in Sec. 389.3(b)(2).
(2) If MARAD does not receive information within the thirty (30)
day comment period indicating that a suitable coastwise-qualified
vessel is available for the transportation of the platform jacket, or
if MARAD receives such information, but determines that the vessel is
not suitable or is not reasonably available for the transportation,
then MARAD will issue a determination indicating the non-availability
of a coastwise-qualified barge.
(3) Determinations will be issued within ninety (90) days from the
date the initial notice of application is published in the Federal
Register.
(4) Upon issuance of a determination, MARAD recommends that
applicants contact the Bureau of Customs and Border Protection to
ensure that all other requirements of the coastwise laws are satisfied.
(5) Determinations of availability expire one hundred twenty (120)
days after the date of issuance, unless extended for good cause, as
determined by the Maritime Administrator.
Dated: August 9, 2005.
By order of the Maritime Administrator.
Joel C. Richard,
Secretary.
[FR Doc. 05-16096 Filed 8-12-05; 8:45 am]
BILLING CODE 4910-81-P
