96-16099. Operating Differential Subsidy for Bulk Cargo Vessels Engaged in Worldwide Services; Requirements and Procedures for Conducting Surveys and Administering Maintenance and Repair Subsidy; Removal of Obsolete Regulations  

  • [Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
    [Rules and Regulations]
    [Pages 32705-32706]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-16099]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Maritime Administration
    
    46 CFR Parts 252 and 272
    
    [Docket No. R-167]
    RIN 2133-AB27
    
    
    Operating Differential Subsidy for Bulk Cargo Vessels Engaged in 
    Worldwide Services; Requirements and Procedures for Conducting Surveys 
    and Administering Maintenance and Repair Subsidy; Removal of Obsolete 
    Regulations
    
    AGENCY: Maritime Administration, Transportation.
    
    ACTION: Final rule.
    
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    SUMMARY: The Maritime Administration (MARAD) is removing obsolete 
    provisions governing operating-differential subsidy for cargo vessels 
    engaged in worldwide services.
    
    EFFECTIVE DATE: June 25, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Michael P. Ferris, Director, Office of 
    Costs and Rates, Maritime Administration, 400 Seventh St. S.W., Room 
    8117, Tel. (202)-366-2324.
    
    SUPPLEMENTARY INFORMATION: 46 CFR Parts 252 and 272 prescribe 
    regulations implementing Title VI of the Merchant Marine Act, 1936, as 
    amended (46 App. U.S.C. 1171-1176 and 1178-1181), governing operating-
    differential subsidy (ODS) for cargo vessels engaged in carrying bulk 
    cargo in essential services in the foreign commerce of the United 
    States. Part 252 addresses eligibility to receive ODS for vessel 
    operations, calculation of subsidy rates, and subsidy payment and 
    billing procedures. Part 2 272 prescribes the requirements and 
    procedures for determining the condition of vessels receiving ODS, for 
    reporting and substantiating maintenance and repair (M&R) expenses for 
    those vessels that receive M&R under their ODS agreements, and for 
    determining whether an M&R expense is subsidizable.
        These regulations apply only to bulk vessels. The last of the 
    current bulk vessel ODS contracts will expire on December 31, 2000. No 
    new subsidy contracts for bulk vessels are anticipated.
        When Part 252 was amended in 1993 (58 FR 17349, April 2, 1993), 
    effective January 1, 1993, section 252.32(c)(1) and (c)(2) became 
    obsolete. Paragraph (c)(1) became obsolete because the calculation of 
    ODS for M&R was no longer based on the specified 24-36 month period. 
    The calculation and payment of ODS for M&R became based on a percentage 
    rate requiring an allocation between subsidized and unsubsidized vessel 
    days. Paragraph (c)(2) is redundant because its provision is already 
    included in the introductory paragraph of section 252.32(c).
        Furthermore, allocation of costs with respect to M&R subsidy, as 
    required by paragraphs (e), (f) and (g) of 46 CFR 272.41, has not been 
    applicable since the 1986 amendments to parts 252 and 382 and reference 
    to such should have been removed from part 272 at that time. When 46 
    CFR 252.40 was amended in 1993, it provided that ``the ratio of 
    subsidized to unsubsidized days during the calendar year'' be used to 
    allocate M&R costs, creating a conflict with provisions in Part 272 
    that remained.
        Accordingly, MARAD is hereby removing as obsolete 46 CFR 
    252.32(c)(1) and (c)(2), and 272.41(e), (f), and (g) in this final 
    rule.
    
    Rulemaking Analyses and Notices
    
    Executive Order 12866 (Regulatory Planning and Review)
    
        This rulemaking is not considered to be an economically significant 
    regulatory action under section 3(f) of Executive Order 12866. Also, it 
    is not a
    
    [[Page 32706]]
    
    major rule under Pub. L. 104-121, 5 U.S.C. 804, or a significant rule 
    under the Department's Regulatory Policies and Procedures. Accordingly, 
    it has not been reviewed by the Office of Management and Budget.
        MARAD has determined that this rulemaking presents no substantive 
    issue which it could reasonably expect to produce meaningful public 
    comment since it is merely removing obsolete regulations. Accordingly, 
    MARAD has determined that the notice and public comment procedure 
    otherwise required by the Administrative Procedure Act, 5 U.S.C. 
    553(c), is unnecessary and good cause exists, pursuant to 5 U.S.C. 
    553(d)(3), to make the changes effective upon publication.
    
    Federalism
    
        The Maritime Administration has analyzed this rulemaking in 
    accordance with the principles and criteria contained in Executive 
    order 12612, and it has been determined that these regulations do not 
    have sufficient federalism implications to warrant the preparation of a 
    Federalism Assessment.
    
    Regulatory Flexibility Act
    
        The Maritime Administration certifies that this rulemaking will not 
    have a significant economic impact on a substantial number of small 
    entities.
    
    Environmental Assessment
    
        The Maritime Administration has considered the environmental impact 
    on this rulemaking and has concluded that an environmental impact 
    statement is not required under the National Environmental Policy Act 
    of 1969.
    
    Paperwork Reduction Act
    
        This rulemaking contains no reporting requirement that is subject 
    to OMB approval under 5 CFR Part 1320, pursuant to the Paperwork 
    Reduction Act of 1980 (44 U.S.C. 3501, et seq.)
    
    List of Subjects in 46 CFR Parts 252 and 272
    
        Grant programs--transportation, Maritime carriers, Reporting and 
    recordkeeping requirements.
    
        Accordingly, MARAD hereby amends 46 CFR Parts 252 and 272 as 
    follows:
    
    PART 252--[AMENDED]
    
        1. The authority citation for Part 252 continues to read as 
    follows:
    
        Authority: 46 App. U.S.C. 1114(b), 1117, 1121, 1171, 1173 and 
    1175; 49 CFR 1.66.
    
        2. Section 252.1  Purpose is amended in the parenthetical United 
    States Code citation by inserting ``App.'' between ``46 and ``U.S.C.''
        3. Section 252.32  Maintenance (upkeep) and repairs, is amended by 
    removing paragraphs (c)(1) and (c)(2).
    
    PART 272--[AMENDED]
    
        1. The authority citation for Part 272 continues to read as 
    follows:
    
        Authority: 46 App. U.S.C. 1114(b), 1173, 1176; 49 CFR 1.66.
    
        2. Section 272.41  Requirements for examination and allocation of 
    M&R expenses, is amended by removing paragraphs (e), (f), and (g).
    
        Dated: June 20, 1996.
    
        By Order of the Maritime Administrator.
    Joel C. Richard,
    Secretary, Maritime Administration.
    [FR Doc. 96-16099 Filed 6-24-96; 8:45 am]
    BILLING CODE 4910-81-P
    
    

Document Information

Effective Date:
6/25/1996
Published:
06/25/1996
Department:
Maritime Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-16099
Dates:
June 25, 1996.
Pages:
32705-32706 (2 pages)
Docket Numbers:
Docket No. R-167
RINs:
2133-AB27
PDF File:
96-16099.pdf
CFR: (2)
46 CFR 252
46 CFR 272