[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Rules and Regulations]
[Pages 5193-5194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2256]
[[Page 5193]]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Parts 251, 252, 276, 280, 281, 282, and 283
[Docket No. MARAD 2012-0004]
RIN 2133-AB80
Retrospective Review Under E.O. 13563: Shipping--Removal of
Obsolete Regulations
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Final rule.
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SUMMARY: In accordance with Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' the Maritime Administration (MarAd)
is evaluating the continued validity of its rules and determining
whether they effectively address current issues. As part of this
review, MarAd has decided to remove parts of its regulations. The
Maritime Security Act of 1996, established the Maritime Security
Program, which replaced the Operating-Differential Subsidy (ODS)
Program. Therefore, the regulations pertaining to the ODS Program and
the Construction-Differential (CDS) Program are no longer in use. In
addition, the disuse of regulations pertaining to the CDS program, have
rendered these regulations obsolete. This rulemaking, deleting these
obsolete regulations, will have no substantive effect on the regulated
public.
DATES: This final rule is effective on February 2, 2012.
ADDRESSES: This final rule is available for inspection and copying
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays, at the Docket Clerk, U.S. DOT Dockets, W12-140, Department of
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
An electronic version of this document is available on the World Wide
Web at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: T. Mitchell Hudson, Jr., Division of
Legislation and Regulations, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE., Room W24-220, Washington,
DC 20590-0001; telephone: (202) 366-9373.
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 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 (MarAd) is deleting
regulations 46 CFR parts 251, 252, 276, 280, 281,282, and 283. The
regulations related to the ODS Program are no longer needed because
they have been superseded by the Maritime Security Program established
in the Maritime Security Act of 1996, Public Law 104-239. Section 3 of
the Maritime Security Act of 1996 prohibits the Secretary of
Transportation from entering into any new ODS contracts. Additionally,
all previously awarded ODS contracts have expired and no further
payments will be made. Therefore, the existing regulations do not serve
any useful purpose.
The regulations governing the CDS Program are being deleted because
the program has not been funded for approximately thirty years and, as
a practical matter of disuse, the existing regulations are outdated. If
funds were to be appropriated for CDS in the future, contracts will be
awarded under new regulations or under existing or modified policies
and procedures for awarding grants.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review), Executive Order
13563 (Improving Regulation and Regulatory Review) and Department of
Transportation (DOT) Regulatory Policies and Procedures; Public Law
104-121
Under Executive Order 12866 (58 FR 51735, October 4, 1993),
supplemented by E.O. 13563 (76 FR 3821, January 18, 2011) and DOT
policies and procedures, MarAd must determine whether a regulatory
action is ``significant,'' and therefore subject to OMB review and the
requirements of the E.O. The Order defines ``significant regulatory
action'' as one likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal government or communities.
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency.
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof.
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
MarAd has determined that this final rule is not considered a
significant regulatory action under section 3(f) of Executive Order
12866 and, therefore, was not reviewed by the Office of Management and
Budget. This final rule will not result in an annual effect on the
economy of $100 million or more. It also is not considered a major rule
for purposes of Congressional review under Public Law 104-121. This
final rule is also not significant under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034, February
26, 1979). The costs and overall economic impact of this rulemaking are
so minimal that no further analysis is necessary.
Administrative Procedure Act
The Administrative Procedure Act (5 U.S.C. 553) provides an
exception to notice and comment procedures when they are unnecessary or
contrary to the public interest. MarAd finds that under 5 U.S.C.
553(b)(3)(B) good cause exists for not providing notice and comment
since this final rule deletes regulations that no longer serve the
public interest as a result of having been superseded or as a matter of
disuse. Under 5 U.S.C. 553(d)(3), MarAd finds that, for the same
reasons, good cause exists for making this rule effective less than 30
days after publication in the Federal Register.
Executive Order 13132 (Federalism)
We analyzed this rulemaking in accordance with the principles and
criteria contained in E.O. 13132 (``Federalism'') and have determined
that it does not have sufficient Federalism implications to warrant the
preparation of a Federalism summary
[[Page 5194]]
impact statement. This rule has no substantial effect on the States, or
on the current Federal-State relationship, or on the current
distribution of power and responsibilities among the various local
officials. Nothing in this document preempts any State law or
regulation. Therefore, MarAd did not consult with State and local
officials because it was not necessary.
Executive Order 13175 (Consultation and Coordination With Indian Tribal
Governments)
MarAd does not believe that this final rule will significantly or
uniquely affect the communities of Indian tribal governments when
analyzed under the principles and criteria contained in Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments).
Therefore, the funding and consultation requirements of this Executive
Order do not apply.
E.O. 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this rule.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires MarAd to assess
whether this rule would have a significant economic impact on a
substantial number of small entities and to minimize any adverse
impact. The Maritime Administrator certifies that this final rule will
not have a significant economic impact on a substantial number of small
entities. This final rule only deletes obsolete Parts in title 46 of
the CFR, which have no substantive effect on the regulated public.
Environmental Assessment
We have analyzed this final rule for purposes of compliance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and have concluded that under the categorical exclusions provision in
section 4.05 of Maritime Administrative Order (MAO) 600-1, ``Procedures
for Considering Environmental Impacts,'' 50 FR 11606 (March 22, 1985),
neither the preparation of an Environmental Assessment, an
Environmental Impact Statement, nor a Finding of No Significant Impact
for this rulemaking is required. This rulemaking has no environmental
impact.
Executive Order 13211 (Energy Supply, Distribution, or Use)
MarAd has determined that the proposed rule would not significantly
affect energy supply, distribution, or use. Therefore, no Statement of
Energy Effects is required.
Executive Order 12630 (Taking of Private Property)
This rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from OMB for each
collection of information they conduct, sponsor, or require through
regulations. This rulemaking contains no new or amended information
collection or recordkeeping requirements that have been approved or
require approval by the Office of Management and Budget.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 requires Agencies to
evaluate whether an Agency action would result in the expenditure by
State, local and tribal governments, in the aggregate, or by the
private sector, of $141.3 million or more (as adjusted for inflation)
in any 1 year, and if so, to take steps to minimize these unfunded
mandates. This proposed rule does not impose unfunded mandates under
the Unfunded Mandates Reform Act of 1995. It does not result in costs
of $141.3 million or more to either State, local, or tribal
governments, in the aggregate, or to the private sector, and is the
least burdensome alternative that achieves the objectives of the rule.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
46 CFR Part 251
Application for Subsidies and Other Direct Financial Aid.
46 CFR Part 252
Operating-Differential Subsidy for Bulk Cargo Vessels Engaged in
World-Wide Services.
46 CFR Part 276
Construction-Differential Subsidy Repayment
46 CFR Part 280
Limitations on the Award and Payment of Operating-Differential
Subsidy for Liner Operators.
46 CFR Part 281
Information and Procedure Required under Liner Operating-
Differential Subsidy Agreements.
46 CFR Part 282
Operating-Differential Subsidy for Liner Vessels Engaged in
Essential Services in the Foreign Commerce of the United States.
46 CFR Part 283
Dividend Policy for Operators Receiving Operating-Differential
Subsidy.
For the reasons set forth in the preamble, and under the authority
of the Merchant Marine Act of 1936, codified at 46 U.S.C. chapter 501,
MarAd amends 46 CFR chapter II, subchapter C by removing parts 251,
252, 276, 280, 281, 282, and 283. All contracts for Operating-
Differential Subsidy, not previously closed out, are hereby terminated,
and no further payments shall be owning or payable. Parts 251, 252,
276, 280, 281 and 283, of title 46, CFR, are removed and reserved for
future use by MarAd.
PART 251--[REMOVED]
PART 252--[REMOVED]
PART 276--[REMOVED]
PART 280--[REMOVED]
PART 281--[REMOVED]
PART 282--[REMOVED]
PART 283--[REMOVED]
Dated: January 27, 2012.
By Order of the Maritime Administrator and Maritime Subsidy
Board.
Julie Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2012-2256 Filed 2-1-12; 8:45 am]
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