Maritime Administration August 23, 2006 – Federal Register Recent Federal Regulation Documents

As authorized by Pub. L. 105-383 and Pub. L. 107-295, 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. The complete application is given in DOT docket 2006-25655 at https:// dms.dot.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 Pub. L. 105- 383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), 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 Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

The Maritime Administration (MARAD) is amending its regulations governing its pilot program for the reimbursement of costs of qualified maintenance and repair (M&R) of Maritime Security Program (MSP) vessels performed in United States shipyards. Under Public Law 109-163, the Secretary of Transportation, acting through the Maritime Administrator, is directed to implement regulations that, among other things, replace MARAD's voluntary M&R reimbursement program with a mandatory system. The notice of proposed rulemaking for this action was published in the Federal Register on February 8, 2006 (71 FR 6438). Several of the comments received argued that MARAD lacks authority to unilaterally add to existing MSP agreements the added obligation on the part of the MSP contractor to enter into an M&R Pilot Program agreement. In order to have a full airing of this fundamental issue, MARAD is hereby giving notice that we have decided to open a reply comment period for this rulemaking. Reply comments may address the issue highlighted above or any other issue raised in the original set of comments received in this docket.