[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Rules and Regulations]
[Pages 38734-38735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18555]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Parts 201, 206, 246, 253, 275, 276, 285, and 290
[Docket No. R-160]
RIN 2133-AB20
Removal of Obsolete Regulations
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Final Rule.
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SUMMARY: In connection with the President's Regulatory Reinvention
Initiative, the Maritime Administration (MARAD) has reviewed all of its
existing regulations. This review identified regulations in 46 CFR
Chapter II, or portions thereof, that are being removed because they
are obsolete and noncontroversial.
DATES: This final rule is effective on July 28, 1995.
FOR FURTHER INFORMATION CONTACT: Edmund T. Sommer, Jr. Chief, Division
of Regulations and Administrative Law, Telephone: 202-366-5181.
SUPPLEMENTARY INFORMATION: On March 4, 1995, President Clinton directed
the heads of Federal departments and agencies, as part of the
Administration's ongoing Regulatory Reinvention Initiative, ``to
conduct a page-by-page review of all of your agency regulations now in
force and eliminate or revise those that are outdated or otherwise in
need of reform.'' As part of the Department of Transportation's effort,
MARAD has conducted a page-by-page review of all of its regulations and
has identified obsolete regulations for removal, by part, subpart,
section or portion of a section, as follows:
46 CFR Part 201--Rules of Practice and Procedure
Sections 201.4. Inspection of records, 201.5 Searching, copying,
and certification of record fees therefore, and 201.186 Charges for
documents, are being removed since they cite sections in 46 CFR Part
380 that have been removed and/or concern fees that are covered by the
Department's Freedom of Information Act regulations at 49 CFR Part 7,
Subpart I--Fees.
Sections 201.21 and 201.23. Persons not attorneys at law and
Hearings, respectively, are being removed since they cover the practice
in MARAD proceedings by practitioners, other than attorneys, who have
actually never represented parties in these proceedings.
Section 201.25. Statement of interest relates to disclosures by
practitioners before MARAD. The last sentence is obsolete and is being
removed since it cites section 807 of the Merchant Marine Act, 1936,
which has been repealed.
46 CFR Part 206--Miscellaneous Fees
This Part is being removed. The fee charged for special statistical
data in Subpart A is covered by the Department's Freedom of Information
Act regulations at 46 CFR Part 7, Subpart I--Fees. Subpart B--Charges
for Copies of Regulations--relates to obtaining copies of orders that
MARAD no longer issues. MARAD no longer processes applications covered
by Subpart C, which requires a fee of $400 to process applications by
owners for the sale of subsidized vessels to a private party where
appraisal is made for MARAD by an independent vessel appraiser.
46 CFR Part 246--Formulae for Determining Sea Speed of Vessels
This Part is being removed since MARAD no longer uses the procedure
set forth.
46 CFR Part 253--Requirements for Maintaining Boom Lifting Capacities
and Other Features, and Part 275--Outfitting Material and Equipment for
Construction-Differential Subsidy Vessels
These Parts apply to the construction-differential subsidy (CDS)
program. These Parts are being removed since CDS is no longer funded.
46 CFR Part 276--Construction-Differential Subsidy Repayment
Section 276.3. Total repayment is being removed since the
regulation was time constrained and that time has expired (June 5,
1986).
46 CFR Part 285--Determination of Profit in Contracts and Subcontracts
for Construction, Reconditioning and Reconstruction of Ships
This Part is being removed since MARAD no longer uses the
procedure.
46 CFR Part 290--Forms
This Part is being removed since the construction-differential
subsidy and operating-differential subsidy programs to which the forms
relate are not subject to new contract awards.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review)
This rulemaking has been reviewed under Executive Order 12866 and
Department of Transportation Regulatory Policies and Procedures (44 FR
11034, February 26, 1979). It is not considered to be an economically
significant regulatory action under section 3(f) of E.O. 12866, since
it has been determined that it is not likely to result in a rule that
may have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities. It is not considered to be
a significant rule under the Department's Regulatory Policies and
Procedures.
MARAD has determined that this rulemaking presents no substantive
issue which it could reasonably expect would produce meaningful public
comment since it is merely removing, pursuant to a Presidential
directive, regulations or portions thereof that are obsolete, retention
of which could serve no useful purpose. Accordingly, pursuant to 5
U.S.C. 553(c) and (d), Administrative Procedure Act, MARAD finds that
good cause exists to publish this as a final rule, without opportunity
for public comment, and to make it effective on the date of
publication.
This rule has not been reviewed by the Office of Management and
Budget under Executive Order 12866.
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 it does 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
of 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
[[Page 38735]]
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 201, 206, 246, 253, 275, 276, 285 and
290
Part 201--Administrative practice and procedure.
Part 206--Administrative practice and procedure.
Part 246--Maritime carriers, Measurement standards, National
defense.
Part 253--Maritime carriers, National defense.
Part 276--Grant programs--transportation, Maritime carriers.
Part 285--Administrative practice and procedure, Maritime carriers,
Reporting requirements, Uniform system of accounts.
Part 290--Government contracts, Maritime carriers.
Accordingly, for the reasons set forth in the preamble, MARAD is
taking the following action:
1. The authority for 46 CFR Part 201 is revised to read as follows:
Authority: 46 App. U.S.C. 1114(b); 49 CFR 1.66.
2. The authority for 46 CFR Part 276 is revised to read as follows:
Authority: 46 App. U.S.C. 1114(b), 1117, 1156, and 1204; 49 CFR
1.66.
TITLE 46
PARTS 201, 276--[AMENDED]
PARTS 206, 246 253, 275, 285, 290--[REMOVED]
3. In Title 46 of the Code of Federal Regulations, in part 201,
remove and reserve sections 201.4, 201.5, 201.23 and 201.86, and remove
the last sentence of section 201.25.
4. In part 276, remove section 276.3.
5. Under the authority of 46 app. U.S.C. 1114(b) parts 206, 246,
253, 275, 285 and 290 are removed.
By Order of the Maritime Administrator.
Dated: July 24, 1995.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 95-18555 Filed 7-27-95; 8:45 am]
BILLING CODE 4910-81-P
