Retrospective Review Under E.O. 13563: Cargo Preference, 57941-57943 [2011-23983]

Agencies

• Maritime Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Proposed Rules]
[Pages 57941-57943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23983]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Parts 381 and 382

[Docket No. MARAD 2011-0121]


Retrospective Review Under E.O. 13563: Cargo Preference

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice of public meeting.

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SUMMARY: The Department of Transportation (Department or DOT) has been 
engaged for several years in an interagency discussion of its existing 
Cargo Preference regulations. In accordance with Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' the Maritime 
Administration (MarAd) is evaluating the rules' continued validity and 
whether they effectively address current issues. As part of this 
review, MarAd invites the public to participate in a comment process 
designed to help it provide for a more easily administered system of 
regulations to benefit shippers and shipper agencies in meeting cargo 
preference requirements pursuant to the Merchant Marine Act, 1936, as 
amended (the Act) and Maritime Administration implementing regulations.

DATES: The public meeting will be held from 1 to 4 p.m. on October 3, 
2011. Other important dates:

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------------------------------------------------------------------------
Deadline to register to attend     September 23, 2011.
 the public meeting in person
 [See also Registration].
Deadline to register to speak in   September 23, 2011.
 person, speak by calling in, or
 to listen only by phone [See
 also Registration].
Agenda released on regs.dot.gov    September 28, 2011.
 and MarAd Web site.
Call-in and Listen-only info       September 28, 2011.
 distributed to registrants.
Deadline to submit any digital     September 28, 2011.
 presentation materials.
Public Meeting...................  October 3, 2011--
                                   1 p.m.-4 p.m.
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ADDRESSES: The public meeting will be held in the DOT Conference Center 
rooms 8-10, located on the ground floor of 1200 New Jersey Avenue, SE., 
Washington, DC 20590. The conference rooms will be open at noon to 
accommodate early arrivals. Overflow seating will be available in the 
adjacent conference room 6.

FOR FURTHER INFORMATION CONTACT: Christine S. Gurland, Assistant Chief 
Counsel for Legislation and Regulations, Office of the Chief Counsel, 
Mar 225, Maritime Administration, 1200 New Jersey Avenue, Washington, 
DC 20590; (202) 366-5157; e-mail: Christine.Gurland@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    On January 18, 2011, President Obama issued Executive Order 13563, 
which outlined a plan to improve regulation and regulatory review (76 
FR 3821, 1/21/11). Executive Order 13563 reaffirms and builds upon 
governing principles of contemporary regulatory review, including 
Executive Order 12866, ``Regulatory Planning and

[[Page 57942]]

Review,'' (58 FR 51735, 10/4/1993), by requiring Federal agencies to 
design cost-effective, evidence-based regulations that are compatible 
with economic growth, job creation, and competitiveness. The 
President's plan recognizes that these principles should not only guide 
the Federal government's approach to new regulations, but to existing 
ones as well. To that end, Executive Order 13563 requires agencies to 
review existing significant rules to determine if they are outmoded, 
ineffective, insufficient, or excessively burdensome.
    Accordingly, the Maritime Administration is soliciting public 
comment concerning amendment of its cargo preference regulations 
governing the carriage of imports and exports, other than those shipped 
by the Department of Defense. MarAd is considering updating and 
clarifying its regulations at 46 CFR parts 381 and 382, and 
establishing procedures to ensure compliance with the cargo preference 
statutes and regulations in a new part 383. Part 381 implements the 
requirements of Section 901 of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. sections 55304 through 55317) (the Act). The Act 
requires that a specified percentage of ocean-going cargo generated by 
Government programs be transported in U.S.-flag, privately owned, 
commercial vessels. The Act also authorizes the Maritime Administration 
to issue regulations governing the administration of these cargo 
preference requirements. MarAd is considering amending existing 
regulations in order to provide for a more easily administered system 
of regulations to benefit shippers and shipper agencies in meeting 
statutory requirements.
    As Executive Order 13563 reaffirms, the regulatory process must be 
transparent and provide opportunities for public participation. MarAd 
particularly believes that the review of its cargo preference 
regulations will be more meaningful if it involves input from those 
affected by those regulations.

Public Meeting Procedures

    1. The public meeting will be broadcast live via Web streaming and 
a listen-only telephone line. The public may access the live Web 
streaming by a link from https://www.marad.dot.gov. Listen-only 
telephone line participants must register in order to obtain the 
telephone number.
    2. Members of the public are invited to make comments in person at 
the venue, through a call-in number, or by entry in the Maritime 
Administration docket. When registering to speak in person or by 
telephone, please estimate the amount of time that you would like to 
use for your presentation; final times will be allotted to participants 
based on the time available and the issues raised.
    3. Those who wish to speak during the meeting are requested to 
advise, at the time of registration, what topic or topics they would 
like to comment on; amplifying information will be welcome but is not 
required. For example, comments may focus on, but are not limited to, 
the following topics: Implementation of the National export policy; 
Transparency of program transactions; Ease and flexibility of use; 
Market competition; Government cost control; Stability of the 
investment environment; Enhancement of the Nation's sealift capability; 
and Program enforcement mechanisms.
    4. Any digital presentation materials for the meeting should be 
submitted to Thelma Goldring no later than September 28, 2011. [See 
Registration section for contact information.]
    5. We hope to be able to accommodate everyone who would like to 
speak at the meeting, but if there are more interested participants 
than time available, we will limit participants in order of date and 
time of registration. If available, time will be allotted to those 
attending the meeting in person to speak, even if they had not 
previously registered to speak. For those who wish to make comments, 
but for whom there is not time available or who do not wish to speak, 
it will be possible to post comments to the public docket. [See also 
Maritime Administration Docket section.]
    6. In-person attendees are encouraged to arrive at least 30 minutes 
prior to the meeting for processing through building security. All in-
person attendees must enter through the New Jersey Avenue entrance 
(West Building--at the corner of New Jersey Avenue and M Street, SE). 
Anyone exiting the building for any reason will be required to re-enter 
through the security checkpoint at the New Jersey Avenue entrance.
    7. Due to security requirements, all in-person attendees must bring 
a Government issued form of identification (e.g. driver's license) to 
ensure access to the building. In-person attendees who have Federal 
government identification are required to register to attend due to 
space constraints. Government issued photo identification is required 
and Foreign National in-person attendees must bring their passports 
with them. To facilitate security screening, all in-person attendees 
are encouraged to limit bags and other items (e.g. mobile phones, 
laptops, cameras, etc.) they bring into the building.
    8. Due to space limitations no outside videotaping will be allowed.
    9. DOT/MarAd is not able to offer visitor parking; we suggest that 
attendees consider using alternative means of transportation to the 
building. DOT Headquarters/MarAd is served by Metrorail (Navy Yard 
station), Metrobus, DC Circulator, and taxi service. There are a number 
of private parking lots near the DOT building, but MarAd cannot 
guarantee the availability of parking spaces.
    10. For information on facilities or services for persons with 
disabilities, or to request special assistance at the meeting, contact 
Thelma Goldring, Office Manager, Office of the Chief Counsel, Mar 220, 
Maritime Administration, 1200 New Jersey Avenue, SE., Washington, DC 
20590; (202) 366-5186; Thelma.Goldring@dot.gov as soon as possible.
    11. We will post the public meeting agenda to the docket at https://regs.dot.gov and on our Web site at https://www.marad.dot.gov by 
September 28, 2011.
    12. MarAd's Chief Counsel will preside over the public meeting. 
Senior MarAd officials will also attend this meeting as part of a panel 
with the Chief Counsel to receive comments from the public. During the 
meeting, we may ask questions that will clarify statements or gather 
more information or data to help us understand the issues raised by 
commenters.
    13. The meeting is designed to solicit public views and gather 
additional information for our regulatory review. Therefore, the 
meeting will be conducted in an informal and non-adversarial manner.
    14. A transcript of the public meeting will be available via our 
Web site at https://www.marad.dot.gov and posted to the docket at https://regs.dot.gov.

Registration

    All in-person attendees, whether or not they are planning to 
provide their views to the panel, must register with Thelma Goldring, 
Office Manager, Office of the Chief Counsel, Mar 220, Maritime 
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590; 
(202) 366-5186; Thelma.Goldring@dot.gov no later than September 23, 
2011. Any person wishing to present an oral statement via telephone, or 
any person who would like to listen to the meeting over a listen-only 
telephone line must also register with Thelma Goldring by September 23, 
2011. Call-in and listen-only telephone numbers will be distributed to 
registered participants on

[[Page 57943]]

September 28, 2011. Foreign National registrants must provide full 
name, title, country of citizenship, date of birth, passport number, 
and passport expiration date when registering.
    Because seating space is limited, we may have to limit the number 
of attendees in order of date and time of registration.

Maritime Administration Docket

    In order to provide the public with alternative means of providing 
feedback to MarAd in ways that may better suit their needs, we have 
provided a docket at https://regs.dot.gov to allow for submissions to 
MarAd in a less formal manner. The MarAd Docket provides members of the 
public who do not wish to make a presentation, cannot make a 
presentation, or who wish to add other comments, an opportunity to 
submit their ideas about our Cargo Preference regulatory review.
    To ensure that comments are most useful in informing our 
deliberation and decision process, you should include the docket number 
(MARAD 2001-0121), the citation to the regulation on which you are 
commenting (e.g., 46 CFR 381.5), a description of any concerns 
regarding the regulation, and any supporting information that would 
assist MarAd in making a decision. To go directly to the Web site use 
the following link: https://regs.dot.gov.

Follow-Up Action by MarAd

    Comments received during our review will provide meaningful and 
significant information for senior MarAd officials assessing the cargo 
preference regulatory process. The recorded webcast video will remain 
available following the meeting via a link from our Web site at https://www.marad.dot.gov.

Privacy Act Statement

    Anyone is able to search all comments entered 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 (65 FR 
19476, 04/11/2011) or at https://www.dot.gov/privacy.html.

    Authority:  5 U.S.C. 610; E.O., 13563, 76 FR 3821, Jan. 21, 
2011; E.O. 12866, 58 FR 51735, Oct. 4, 1993.

    Issued on September 16, 2011 in Washington, DC.
    By Order of the Maritime Administrator Maritime Subsidy Board.

    Dated: September 14, 2011.
Julie Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2011-23983 Filed 9-16-11; 8:45 am]
BILLING CODE 4910-81-P