Voluntary Intermodal Sealift Agreement (VISA), 53963-53965 [2012-21727]

Download as PDF Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices collection also can be obtained from that office. Maritime Administration (MARAD). Title: Monthly Report of Ocean Shipments Moving under Export-Import Bank Financing (Ocean Shipments Moving under Export-Import Bank Financing). OMB Control Number: 2133–0013. Type of Request: Revision of a currently approved collection. Affected Public: Shippers subject to Export-Import Bank Financing. Form Number(s): MA–518. Abstract: In accordance with 46 U.S.C. 55304 (PR 17), certain shippers receiving Export-Import Bank financing must transport items that move by sea on U.S.-flag registered vessels unless they receive a Certification of NonAvailability from MARAD. MARAD will use the information collected to assist shippers with obtaining carriage on U.S.-flag registered vessels and to make determinations of vessel availability. MARAD will also use the information collected to monitor compliance with the U.S.-flag shipping requirements as required by 46 U.S.C. 55305(d)(2). Annual Estimated Burden Hours: 196 hours. Addresses: Send comments regarding these information collections to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street NW., Washington, DC, 20503, Attention: MARAD Desk Officer. Alternatively, comments may be sent via email to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget, at the following address: oira.submissions@omb.eop.gov. Comments Are Invited On: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it receives it within 30 days of publication. tkelley on DSK3SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: Authority: 49 CFR 1.66. VerDate Mar<15>2010 19:25 Aug 31, 2012 Jkt 226001 Issued in Washington, DC on August 27, 2012. Christine Gurland, Acting Secretary, Maritime Administration. [FR Doc. 2012–21721 Filed 8–31–12; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2012–0085] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ZINGARA; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before October 4, 2012. ADDRESSES: Comments should refer to docket number MARAD–2012–0085. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. SUMMARY: 53963 INTENDED COMMERCIAL USE OF VESSEL: ‘‘Carrying passengers for sailing, sightseeing, sunset cruises.’’ GEOGRAPHIC REGION: Florida. The complete application is given in DOT docket MARAD–2012–0085 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. 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). By Order of the Maritime Administrator. Dated: August 27, 2012. Christine Gurland, Acting Secretary, Maritime Administration. [FR Doc. 2012–21725 Filed 8–31–12; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration Voluntary Intermodal Sealift Agreement (VISA) Maritime Administration, DOT. Notice of open season for enrollment in the VISA program. AGENCY: ACTION: FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–453, Washington, DC 20590. Telephone 202– 366–0903, Email Linda.Williams@dot.gov. As described by the applicant the intended service of the vessel ZINGARA is: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 Introduction The VISA program was established pursuant to section 708 of the Defense Production Act of 1950, as amended (DPA), which provides for voluntary agreements for emergency preparedness programs. VISA was approved for a two year term on January 30, 1997, and published in the Federal Register on February 13, 1997, (62 FR 6837). E:\FR\FM\04SEN1.SGM 04SEN1 53964 Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices tkelley on DSK3SPTVN1PROD with NOTICES Effective September 30, 2009, the DPA for voluntary agreements and plans of action for preparedness programs was amended to note that each voluntary agreement expires five (5) years after the date it becomes effective. Therefore, approval of the VISA as published in the Federal Register on March 24, 2010 (75 FR 14245) is currently extended until October 1, 2014. As implemented, the VISA program is open to U.S.-flag vessel operators of oceangoing militarily useful vessels, to include tugs and barges. An operator is defined as an owner or bareboat charterer of a vessel. Tug enrollment alone does not satisfy VISA eligibility. Operators include vessel owners and bareboat charter operators if satisfactory signed agreements are in place committing the assets of the owner to the bareboat charterer for purposes of VISA. Voyage and space charterers are not considered U.S.-flag vessel operators for purposes of VISA eligibility. VISA Concept The mission of VISA is to provide commercial sealift and intermodal shipping services and systems, including vessels, vessel space, intermodal systems and equipment, terminal facilities, and related management services, to the Department of Defense (DOD), as necessary, to meet national defense contingency requirements or national emergencies. VISA provides for the staged, timephased availability of participants’ shipping services/systems to meet contingency requirements through prenegotiated contracts between the Government and participants. Such arrangements are jointly planned with the Maritime Administration, U.S. Transportation Command (USTRANSCOM), and participants in peacetime to allow effective and best valued use of commercial sealift capacity, to provide DOD assured contingency access, and to minimize commercial disruption, whenever possible. There are three time-phased stages in the event of VISA activation. VISA Stages I and II provide for prenegotiated contracts between DOD and participants to provide sealift capacity to meet all projected DOD contingency requirements. These contracts are executed in accordance with approved DOD contracting methodologies. VISA Stage III will provide for additional capacity to DOD when Stages I and II commitments or volunteered capacity are insufficient to meet contingency requirements, and adequate shipping services from non-participants are not available through established DOD VerDate Mar<15>2010 19:25 Aug 31, 2012 Jkt 226001 contracting practices or U.S. Government treaty agreements. VISA Annual Enrollment Open Season The purpose of this notice is to invite interested, qualified U.S.-flag vessel operators that are not currently enrolled in the VISA program to participate. The annual enrollment is intended to link the VISA enrollment cycle with DOD’s peacetime cargo contracting to ensure eligible participants priority consideration for DOD awards of cargo. Alignment of VISA enrollment and eligibility for VISA priority will solidify the linkage between commitment of contingency assets by VISA participants and receiving VISA priority consideration for the award of DOD peacetime cargo. This is the only planned enrollment period for carriers to join the VISA program and derive benefits for DOD peacetime contracts during the time frame of October 1, 2012 through September 30, 2013. The only exception to this open season period for VISA enrollment will be for a non-VISA carrier that reflags a vessel into U.S. registry. That carrier may submit an application to participate in the VISA program at any time upon completion of reflagging. Advantages of Peacetime Participation Carriers enrolled in the VISA program provides DOD with assured access to sealift services during contingencies based on a level of commitment, as well as a mechanism for joint planning. In return for their VISA commitment, DOD awards peacetime cargo contracts to VISA participants on a priority basis. Award of DOD cargoes to meet DOD peacetime and contingency requirements is made on the basis of the following priorities: • U.S.-flag vessel capacity operated by VISA participants and U.S.-flag Vessel Sharing Agreement (VSA) capacity held by VISA participants. • U.S.-flag vessel capacity operated by non-participants. • Combination U.S.-flag/foreign-flag vessel capacity operated by VISA participants, and combination U.S.-flag/ foreign-flag VSA capacity held by VISA participants. • Combination U.S.-flag/foreign-flag vessel capacity operated by nonparticipants. • U.S.-owned or operated foreign-flag vessel capacity and VSA capacity held by VISA participants. • U.S.-owned or operated foreign-flag vessel capacity and VSA capacity held by non-participants. • Foreign-owned or operated foreignflag vessel capacity of non-participants. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 Participation Any U.S.-flag vessel operator organized under the laws of a state of the United States, or the District of Columbia, who is able and willing to commit militarily useful sealift assets and assume the related consequential risks of commercial disruption, may be eligible to participate in the VISA program. The term ‘‘operator’’ is defined in the VISA document as ‘‘an ocean common carrier or contract carrier that owns, controls or manages vessels by which ocean transportation is provided.’’ Applicants wishing to become participants must provide satisfactory evidence that the vessels being committed to the VISA program are operational and that vessels are intended to be operated by the applicant in the carriage of commercial or government preference cargoes. While vessel brokers, freight forwarders and agents play an important role as a conduit to locate and secure appropriate vessels for the carriage of DOD cargo, they may not become participants in the VISA program due to lack of requisite vessel ownership or operation. However, brokers, freight forwarders and agents should encourage the carriers they represent to join the program. Commitment Any U.S.-flag vessel operator desiring to receive priority consideration in the award of DOD peacetime contracts must commit no less than 50 percent of its total U.S.-flag militarily useful capacity in Stage III of the VISA program. Participants operating vessels in international trade may receive top tier consideration in the award of DOD peacetime contracts by committing the minimum percentages of capacity to all three stages of VISA or bottom tier consideration by committing the minimum percentage of capacity to only Stage III of VISA. USTRANSCOM and the Maritime Administration will coordinate to ensure that the amount of sealift assets committed to Stages I and II will not have an adverse national economic impact. To minimize domestic commercial disruption, participants operating vessels exclusively in the domestic Jones Act trades are not required to commit the capacity of those U.S. domestic trading vessels to VISA Stages I and II. Overall VISA commitment requirements are based on annual enrollment. In order to protect a U.S.-flag vessel operator’s market share during contingency activation, VISA allows participants to join with other vessel operators in Carrier Coordination E:\FR\FM\04SEN1.SGM 04SEN1 Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices Agreements (CCAs) to satisfy commercial or DOD requirements. VISA provides a defense against antitrust laws in accordance with the DPA. CCAs must be submitted to the Maritime Administration for coordination with the Department of Justice for approval, before they can be utilized. Vessel Position Reporting If VISA applicants have the capability to track their vessels, they must state which system is used in their VISA application and will be required to provide the Maritime Administration with access to their vessel tracking systems upon approval of their VISA application. If VISA applicants do not have a tracking system, they must indicate this in their VISA application. The VISA program requires enrolled ships to comply with 46 CFR Part 307, Establishment of Mandatory Position Reporting System for Vessels. tkelley on DSK3SPTVN1PROD with NOTICES Compensation In addition to receiving priority in the award of DOD peacetime cargo, a participant will receive compensation during contingency activation for that capacity activated under Stage I, II and III. The amount of compensation will depend on the Stage at which capacity is activated. During enrollment, each participant must select one of several compensation methodologies. The compensation methodology selection will be completed with the appropriate DOD agency, resulting in prices in contingency contracts between DOD and the participant. Application for VISA Participation New applicants may apply to participate by obtaining a VISA application package (Form MA–1020 (OMB Approval No. 2133–0532)) from the Director, Office of Sealift Support, at the address indicated below. Form MA– 1020 includes instructions for completing and submitting the application, blank VISA Application forms and a request for information regarding the operations and U.S. citizenship of the applicant company. A copy of the VISA document as published in the Federal Register on March 24, 2010, will also be provided with the package. This information is needed in order to assist the Maritime Administration in making a determination of the applicant’s eligibility. An applicant company must provide an affidavit that demonstrates that the company is qualified to document a vessel under 46 U.S.C. 12103, and that it owns, or bareboat charters and controls, oceangoing, militarily useful vessel(s) for purposes VerDate Mar<15>2010 19:25 Aug 31, 2012 Jkt 226001 of committing assets to the VISA program. New VISA applicants are required to submit their applications for the VISA program as described in this Notice no later than 30 days after the date of publication of this Federal Register notice. Applicants must provide the following: • U.S. citizenship documentation; • Copy of their Articles of Incorporation and/or By Laws; • Copies of loadline documents from a recognized classification society to validate oceangoing vessel capability; • U.S. Coast Guard Certificates of Documentation for all vessels in their fleet; • Copy of Bareboat Charters, if applicable, valid through the period of enrollment, which state that the owner will not interfere with the charterer’s obligation to commit chartered vessel(s) to the VISA program for the duration of the charter; and • Copy of Time Charters, valid through the period of enrollment, for tug services to barge operators, if sufficient tug service is not owned or bareboat chartered by the VISA applicant. Barge operators must provide evidence to MARAD that tug service of sufficient horsepower will be available for all barges enrolled in the VISA program. Approved VISA participants will be responsible for ensuring that information submitted with their application remains up to date beyond the approval process. Any changes to VISA commitments must be reported to the Maritime Administration and USTRANSCOM not later than seven days after the change. If charter agreements are due to expire, participants must provide the Maritime Administration with charters that extend the charter duration for another 12 months or longer. Once the Maritime Administration has reviewed the application and determined VISA eligibility, the Maritime Administration will sign the VISA application document which completes the eligibility phase of the VISA enrollment process. After VISA eligibility is approved by the Maritime Administration, approved applicants are required to execute a VISA Enrollment Contract (VEC) with DOD [USTRANSCOM]. USTRANSCOM will specify the participant’s Stage III commitment, and appropriate Stage I and/or II commitments for the period October 1, 2012 through September 30, 2013. Once the VEC is completed, the applicant completes the DOD contracting process with USTRANSCOM by executing a Drytime Contingency Contract (DCC), if PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 53965 applicable, and for Liner Operators, a VISA Contingency Contract (VCC). The Maritime Administration reserves the right to revalidate all eligibility requirements without notice. FOR ADDITIONAL INFORMATION AND APPLICATIONS CONTACT: Jerome D. Davis, Director, Office of Sealift Support, U.S. Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone (202) 366–0688; Fax (202) 366–5904. Other information about the VISA can be found on the Maritime Administration’s Internet Web Page at http://www.marad.dot.gov. Authority: 49 CFR 1.66. By Order of the Maritime Administrator. Dated: August 27, 2012. Christine Gurland, Acting Secretary, Maritime Administration. [FR Doc. 2012–21727 Filed 8–31–12; 8:45 am] BILLING CODE 4910–81–P U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION Notice of Open Meetings To Prepare and Release 2012 Annual Report to Congress Advisory Committee: U.S.-China Economic and Security Review Commission. ACTION: Notice of open meetings to be held in Washington, DC as follows: (1) Review-Edit 2012 Annual Report to Congress—August 1–2, September 12– 13, October 11–12, and October 23–24, and (2) Official Public Release of Commission’s Annual Report— November 14, 2012. Notice is hereby given of meetings of the U.S.-China Economic and Security Review Commission. Name: Dennis C. Shea, Chairman of the U.S.-China Economic and Security Review Commission. The Commission is mandated by Congress to investigate, assess, evaluate and report to Congress annually on the U.S.-China economic and security relationship. The mandate specifically charges the Commission to prepare a report to Congress ‘‘regarding the national security implications and impact of the bilateral trade and economic relationship between the United States and the People’s Republic of China [that] shall include a full analysis, along with conclusions and recommendations for legislative and administrative actions * * *’’ SUMMARY: Purpose of Meetings Pursuant to this mandate, the Commission will meet in Washington, E:\FR\FM\04SEN1.SGM 04SEN1

Agencies

[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53963-53965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21727]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Maritime Administration


Voluntary Intermodal Sealift Agreement (VISA)

AGENCY: Maritime Administration, DOT.

ACTION: Notice of open season for enrollment in the VISA program.

-----------------------------------------------------------------------

Introduction

    The VISA program was established pursuant to section 708 of the 
Defense Production Act of 1950, as amended (DPA), which provides for 
voluntary agreements for emergency preparedness programs. VISA was 
approved for a two year term on January 30, 1997, and published in the 
Federal Register on February 13, 1997, (62 FR 6837).

[[Page 53964]]

Effective September 30, 2009, the DPA for voluntary agreements and 
plans of action for preparedness programs was amended to note that each 
voluntary agreement expires five (5) years after the date it becomes 
effective. Therefore, approval of the VISA as published in the Federal 
Register on March 24, 2010 (75 FR 14245) is currently extended until 
October 1, 2014.
    As implemented, the VISA program is open to U.S.-flag vessel 
operators of oceangoing militarily useful vessels, to include tugs and 
barges. An operator is defined as an owner or bareboat charterer of a 
vessel. Tug enrollment alone does not satisfy VISA eligibility. 
Operators include vessel owners and bareboat charter operators if 
satisfactory signed agreements are in place committing the assets of 
the owner to the bareboat charterer for purposes of VISA. Voyage and 
space charterers are not considered U.S.-flag vessel operators for 
purposes of VISA eligibility.

VISA Concept

    The mission of VISA is to provide commercial sealift and intermodal 
shipping services and systems, including vessels, vessel space, 
intermodal systems and equipment, terminal facilities, and related 
management services, to the Department of Defense (DOD), as necessary, 
to meet national defense contingency requirements or national 
emergencies.
    VISA provides for the staged, time-phased availability of 
participants' shipping services/systems to meet contingency 
requirements through prenegotiated contracts between the Government and 
participants. Such arrangements are jointly planned with the Maritime 
Administration, U.S. Transportation Command (USTRANSCOM), and 
participants in peacetime to allow effective and best valued use of 
commercial sealift capacity, to provide DOD assured contingency access, 
and to minimize commercial disruption, whenever possible.
    There are three time-phased stages in the event of VISA activation. 
VISA Stages I and II provide for prenegotiated contracts between DOD 
and participants to provide sealift capacity to meet all projected DOD 
contingency requirements. These contracts are executed in accordance 
with approved DOD contracting methodologies. VISA Stage III will 
provide for additional capacity to DOD when Stages I and II commitments 
or volunteered capacity are insufficient to meet contingency 
requirements, and adequate shipping services from non-participants are 
not available through established DOD contracting practices or U.S. 
Government treaty agreements.

VISA Annual Enrollment Open Season

    The purpose of this notice is to invite interested, qualified U.S.-
flag vessel operators that are not currently enrolled in the VISA 
program to participate. The annual enrollment is intended to link the 
VISA enrollment cycle with DOD's peacetime cargo contracting to ensure 
eligible participants priority consideration for DOD awards of cargo.
    Alignment of VISA enrollment and eligibility for VISA priority will 
solidify the linkage between commitment of contingency assets by VISA 
participants and receiving VISA priority consideration for the award of 
DOD peacetime cargo. This is the only planned enrollment period for 
carriers to join the VISA program and derive benefits for DOD peacetime 
contracts during the time frame of October 1, 2012 through September 
30, 2013. The only exception to this open season period for VISA 
enrollment will be for a non-VISA carrier that reflags a vessel into 
U.S. registry. That carrier may submit an application to participate in 
the VISA program at any time upon completion of reflagging.

Advantages of Peacetime Participation

    Carriers enrolled in the VISA program provides DOD with assured 
access to sealift services during contingencies based on a level of 
commitment, as well as a mechanism for joint planning. In return for 
their VISA commitment, DOD awards peacetime cargo contracts to VISA 
participants on a priority basis. Award of DOD cargoes to meet DOD 
peacetime and contingency requirements is made on the basis of the 
following priorities:
     U.S.-flag vessel capacity operated by VISA participants 
and U.S.-flag Vessel Sharing Agreement (VSA) capacity held by VISA 
participants.
     U.S.-flag vessel capacity operated by non-participants.
     Combination U.S.-flag/foreign-flag vessel capacity 
operated by VISA participants, and combination U.S.-flag/foreign-flag 
VSA capacity held by VISA participants.
     Combination U.S.-flag/foreign-flag vessel capacity 
operated by non-participants.
     U.S.-owned or operated foreign-flag vessel capacity and 
VSA capacity held by VISA participants.
     U.S.-owned or operated foreign-flag vessel capacity and 
VSA capacity held by non-participants.
     Foreign-owned or operated foreign-flag vessel capacity of 
non-participants.

Participation

    Any U.S.-flag vessel operator organized under the laws of a state 
of the United States, or the District of Columbia, who is able and 
willing to commit militarily useful sealift assets and assume the 
related consequential risks of commercial disruption, may be eligible 
to participate in the VISA program. The term ``operator'' is defined in 
the VISA document as ``an ocean common carrier or contract carrier that 
owns, controls or manages vessels by which ocean transportation is 
provided.'' Applicants wishing to become participants must provide 
satisfactory evidence that the vessels being committed to the VISA 
program are operational and that vessels are intended to be operated by 
the applicant in the carriage of commercial or government preference 
cargoes. While vessel brokers, freight forwarders and agents play an 
important role as a conduit to locate and secure appropriate vessels 
for the carriage of DOD cargo, they may not become participants in the 
VISA program due to lack of requisite vessel ownership or operation. 
However, brokers, freight forwarders and agents should encourage the 
carriers they represent to join the program.

Commitment

    Any U.S.-flag vessel operator desiring to receive priority 
consideration in the award of DOD peacetime contracts must commit no 
less than 50 percent of its total U.S.-flag militarily useful capacity 
in Stage III of the VISA program. Participants operating vessels in 
international trade may receive top tier consideration in the award of 
DOD peacetime contracts by committing the minimum percentages of 
capacity to all three stages of VISA or bottom tier consideration by 
committing the minimum percentage of capacity to only Stage III of 
VISA. USTRANSCOM and the Maritime Administration will coordinate to 
ensure that the amount of sealift assets committed to Stages I and II 
will not have an adverse national economic impact. To minimize domestic 
commercial disruption, participants operating vessels exclusively in 
the domestic Jones Act trades are not required to commit the capacity 
of those U.S. domestic trading vessels to VISA Stages I and II. Overall 
VISA commitment requirements are based on annual enrollment.
    In order to protect a U.S.-flag vessel operator's market share 
during contingency activation, VISA allows participants to join with 
other vessel operators in Carrier Coordination

[[Page 53965]]

Agreements (CCAs) to satisfy commercial or DOD requirements. VISA 
provides a defense against antitrust laws in accordance with the DPA. 
CCAs must be submitted to the Maritime Administration for coordination 
with the Department of Justice for approval, before they can be 
utilized.

Vessel Position Reporting

    If VISA applicants have the capability to track their vessels, they 
must state which system is used in their VISA application and will be 
required to provide the Maritime Administration with access to their 
vessel tracking systems upon approval of their VISA application. If 
VISA applicants do not have a tracking system, they must indicate this 
in their VISA application. The VISA program requires enrolled ships to 
comply with 46 CFR Part 307, Establishment of Mandatory Position 
Reporting System for Vessels.

Compensation

    In addition to receiving priority in the award of DOD peacetime 
cargo, a participant will receive compensation during contingency 
activation for that capacity activated under Stage I, II and III. The 
amount of compensation will depend on the Stage at which capacity is 
activated. During enrollment, each participant must select one of 
several compensation methodologies. The compensation methodology 
selection will be completed with the appropriate DOD agency, resulting 
in prices in contingency contracts between DOD and the participant.

Application for VISA Participation

    New applicants may apply to participate by obtaining a VISA 
application package (Form MA-1020 (OMB Approval No. 2133-0532)) from 
the Director, Office of Sealift Support, at the address indicated 
below. Form MA-1020 includes instructions for completing and submitting 
the application, blank VISA Application forms and a request for 
information regarding the operations and U.S. citizenship of the 
applicant company. A copy of the VISA document as published in the 
Federal Register on March 24, 2010, will also be provided with the 
package. This information is needed in order to assist the Maritime 
Administration in making a determination of the applicant's 
eligibility. An applicant company must provide an affidavit that 
demonstrates that the company is qualified to document a vessel under 
46 U.S.C. 12103, and that it owns, or bareboat charters and controls, 
oceangoing, militarily useful vessel(s) for purposes of committing 
assets to the VISA program.
    New VISA applicants are required to submit their applications for 
the VISA program as described in this Notice no later than 30 days 
after the date of publication of this Federal Register notice. 
Applicants must provide the following:
     U.S. citizenship documentation;
     Copy of their Articles of Incorporation and/or By Laws;
     Copies of loadline documents from a recognized 
classification society to validate oceangoing vessel capability;
     U.S. Coast Guard Certificates of Documentation for all 
vessels in their fleet;
     Copy of Bareboat Charters, if applicable, valid through 
the period of enrollment, which state that the owner will not interfere 
with the charterer's obligation to commit chartered vessel(s) to the 
VISA program for the duration of the charter; and
     Copy of Time Charters, valid through the period of 
enrollment, for tug services to barge operators, if sufficient tug 
service is not owned or bareboat chartered by the VISA applicant. Barge 
operators must provide evidence to MARAD that tug service of sufficient 
horsepower will be available for all barges enrolled in the VISA 
program.
    Approved VISA participants will be responsible for ensuring that 
information submitted with their application remains up to date beyond 
the approval process. Any changes to VISA commitments must be reported 
to the Maritime Administration and USTRANSCOM not later than seven days 
after the change. If charter agreements are due to expire, participants 
must provide the Maritime Administration with charters that extend the 
charter duration for another 12 months or longer.
    Once the Maritime Administration has reviewed the application and 
determined VISA eligibility, the Maritime Administration will sign the 
VISA application document which completes the eligibility phase of the 
VISA enrollment process.
    After VISA eligibility is approved by the Maritime Administration, 
approved applicants are required to execute a VISA Enrollment Contract 
(VEC) with DOD [USTRANSCOM]. USTRANSCOM will specify the participant's 
Stage III commitment, and appropriate Stage I and/or II commitments for 
the period October 1, 2012 through September 30, 2013. Once the VEC is 
completed, the applicant completes the DOD contracting process with 
USTRANSCOM by executing a Drytime Contingency Contract (DCC), if 
applicable, and for Liner Operators, a VISA Contingency Contract (VCC). 
The Maritime Administration reserves the right to revalidate all 
eligibility requirements without notice.

FOR ADDITIONAL INFORMATION AND APPLICATIONS CONTACT: Jerome D. Davis, 
Director, Office of Sealift Support, U.S. Maritime Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590. Telephone (202) 366-0688; 
Fax (202) 366-5904. Other information about the VISA can be found on 
the Maritime Administration's Internet Web Page at http://www.marad.dot.gov.

    Authority:  49 CFR 1.66.

    By Order of the Maritime Administrator.

    Dated: August 27, 2012.
Christine Gurland,
Acting Secretary, Maritime Administration.
[FR Doc. 2012-21727 Filed 8-31-12; 8:45 am]
BILLING CODE 4910-81-P