[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29384-29387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12088]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD-2015-0051]
Policy Announcement; Merchant Marine Awards and Flags Program
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Notice.
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SUMMARY: This notice serves to inform interested parties and the public
of the Maritime Administration's (MARAD) new policy for the issuance of
Merchant Marine medals, decorations, citations, and the donation or
loan of Merchant Marine flags. Consistent with Public Law 84-759, 46
CFR part 350, and upon analysis and review of established criteria, the
Maritime Administration will issue certain awards, and/or donate or
loan Merchant Marine flags, for the purpose of honoring the historic
and or continuing contributions of Merchant Mariners to the United
States. This policy updates MARAD procedures to implementing
regulations 46 CFR part 350 by defining the role of the Merchant Marine
Awards and Flags Committee, and articulating the criteria for awards
and other official recognition.
DATES: This policy is effective upon publication in the Federal
Register. (See also Paperwork Reduction Act section.)
ADDRESSES: The complete file for this policy is available for
inspection with the Docket Clerk, Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., West
Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except on Federal holidays.
FOR FURTHER INFORMATION CONTACT: You may contact Bill Kurfehs, Office
of Sealift Support, Maritime Administration, at (202) 366-2318. You may
send mail to Mr. Kurfehs at Maritime Administration, 1200 New Jersey
Avenue SE., MAR 630, Washington, DC 20590-0001. You may send electronic
mail to [email protected]. If you have questions on viewing the
Docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone: (800) 647-5527.
SUPPLEMENTARY INFORMATION: The promotion of the United States Merchant
Marine is a central mission of MARAD. The Merchant Marine Act of 1936
was enacted to promote a well-equipped and efficient merchant marine
fleet owned and operated by United States citizens and supported by
domestic shipbuilding and repair facilities.\1\ MARAD was specifically
formed as a separate maritime promotional entity from the Federal
Maritime Commission to ensure that maritime promotional and regulatory
functions were handled by different Federal agencies.\2\ The Message of
the President transmitting Plan 7 states that the ``basic objective of
the plan is to strengthen and revitalize the administration of our
Federal programs concerned with the promotion and development of the
U.S. Merchant Marine by concentrating responsibility in separate
agencies for the performance of regulatory and promotional functions.''
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\1\ American Trading Transportation Company, Inc. v. United
States, 791 F.2d 942, 944 (D.C. Cir. 1986).
\2\ Reorganization Plan No. 7 of 1961, 75 Stat. 840 (August 12,
1961).
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It is central to MARAD's promotional mission to encourage citizens
of the United States to join the United States Merchant Marine and to
see that these individuals are trained to operate the vessels of the
United States. To this end, MARAD operates the United States Merchant
Marine Academy, supports and helps fund training at State Maritime
Academies, provides certain property to support nonprofit and other
maritime training institutions, and generally provides maritime
training to citizens of the United States.
Pursuant to 46 U.S.C. Chapter 519, authority also has been given to
MARAD to provide Merchant Marine Awards. Such awards may be for
individual acts or service in the Merchant Marine, for vessels and
crews participating in outstanding or gallant action, certificates for
civilian service, and for flags and grave markers.
[[Page 29385]]
By this policy, MARAD will act to recognize the role of the
Merchant Mariners of the United States in providing for the national
defense. Recognizing the contributions, value, and sacrifices of
Merchant Mariners advances MARAD's mission of ensuring that new
individuals will become Merchant Mariners and that those capabilities
will be available to address the Nation's needs in the future. This
recognition will remind the public of the hard work and dedication of
the Merchant Mariners of the United States and in doing so promote the
interests and mission of MARAD; particularly recruiting and maintaining
a vital Merchant Marine workforce to ensure the stability and
maintenance of the United States Merchant Marine.
Maritime Administration Merchant Marine Awards and Recognition Policy
This policy describes the process through which the Maritime
Administration (MARAD) will exercise its authority under Public Law 84-
759, 46 CFR part 350 to issue certain Merchant Marine awards.
Maritime Administration (MARAD) Merchant Marine Awards and Flags
Program
The Merchant Marine Awards and Flags Committee is established to
make recommendations to the Maritime Administrator for the issuance of
Merchant Marine medals, decorations, and citations. The committee is
also established to make recommendations to the Maritime Administrator
to donate or loan Merchant Marine flags to qualifying organizations.
A. The Merchant Marine Awards and Flags Committee Responsibilities
1. Receive nominations, through the Director, Office of Ship
Operations, from any individual or entity, including individual members
of the Committee, that properly addresses award evaluation criteria;
and
2. Review nominations and make recommendations to the Maritime
Administrator with respect to giving or loaning Merchant Marine flags
to any qualifying organization and the award of any awards, medals,
decorations, etc., authorized to be issued by the Maritime
Administration (MARAD) by Public Law 84-759, and 46 CFR part 350.
B. Awards--The Issuance of Medals, Decorations and Citations
Criteria for Issuance
1. Gallant Ship Unit Citation Award may be awarded to any United
States vessel or to any foreign vessel (merchant, Coast Guard, Navy, or
other), crew of that ship or other individuals or organizations
participating in outstanding or gallant action in marine disasters or
other emergencies for the purpose of saving life or property when the
following circumstances are present:
(a) The vessel itself should move to the rescue and not be simply
the platform from which crew members perform a rescue operation;
(b) The operation should encompass the maneuvers of the vessel and
a substantial part of the personnel;
(c) The operation should involve either the use of the lifeboats by
the crew taking to the water to effect a rescue with the vessel in some
danger; or the vessel itself, by reason of perilous circumstances,
should be in considerable danger;
(d) The conditions should be such that danger to the vessel or the
lifeboat or the crew members is present; and
(e) The operation of the ship, its equipment, and personnel should
favorably reflect efficiency, discipline and expertness.
2. Merchant Marine Meritorious Service Medal may be awarded to any
person serving in the U.S. Merchant Marine for meritorious act, conduct
or service in line of duty when the following circumstances are
present:
(a) A Master of a U.S. merchant ship (without separate action) when
that vessel is granted the Gallant Ship Award;
(b) An act of heroism, bravery, devotion to duty involving extreme
danger (actual or perceived);
(c) The act, if it involves lifesaving, should be generally one
performed while the vessel is at sea and not in a harbor, at the dock,
or otherwise idle;
(d) The act may be at sea or in port if it involves an effort
directed toward saving the vessel or the cargo; and
(e) The act should be one not directly entitling the individual to
other medals such as the Carnegie Medal, the Coast Guard Medal for
Lifesaving, etc. Merchant Marine Distinguished Service Medal may be
awarded to any person serving in the U.S. Merchant Marine who
distinguished himself or herself by outstanding act, conduct, or valor
beyond the line of duty when the following circumstances are present:
(f) Extreme peril to the life or safety of the individual
attempting the rescue action;
(g) It must be considered as going beyond the call of duty;
(h) It must involve the activity of the Merchant Marine so that it
is distinguished from a saving of life or property where the vessel is
solely a platform from which the individual moved or upon which the
individual acted; and
(i) The accomplishment or the attempt must involve human lives or
something of considerable worth either actual or considered so in the
mind of the individual performing the action.
3. The Mariners Medal is awarded to a mariner who, while serving
from December 7, 1941 and July 25, 1947, was wounded or suffered
physical injures as result of an act of an enemy of the United States.
4. For World War II mariners who sailed in various war zones:
(a) The Atlantic War Zone Medal and bar are awarded for service in
the Atlantic war zone, including the North Atlantic, South Atlantic,
Gulf of Mexico, Caribbean, Barents Sea and the Greenland Sea, during
the period from December 7, 1941 to November 8, 1945;
(b) The Mediterranean-Middle East War Zone Medal and bar are
awarded for service in the zone including the Mediterranean Sea, Red
Sea, Arabian Sea and the Indian Ocean west of 80 degrees east
longitude, during the period from December 7, 1941 to November 8, 1945;
(c) The Pacific War Zone Medal and bar are awarded for service in
the Pacific War Zone, including the North Pacific, South Pacific and
the Indian Ocean east of 80 degrees east longitude during the period
from December 7, 1941 to March 2, 1946;
(d) The Merchant Marine Combat Bar is awarded to Merchant Mariners
who served on a vessel which at the time of such service was attacked
or damaged by an instrumentality of war from December 7, 1941 to July
25, 1947. A star is attached if the mariner was forced to abandon ship.
For each additional abandonment, a star is added;
(e) The Victory Medal with bar are awarded to members of the crew
of vessels who served for 30 days or more during the period from
December 7, 1941 to September 3, 1945;
(f) The Honorable Service Button is awarded to members of crews of
vessels who served for 30 days during the period from December 7, 1941
to September 3, 1945;
(g) The Merchant Marine Emblem is an identifying insignia that was
issued to active Merchant Mariners for service from December 7, 1941 to
July 25, 1947;
(h) The Presidential Testimonial Letter signed by President Harry
S. Truman was awarded to all active Merchant Mariners of World War II;
(i) The Government of the Philippines authorized the Philippine
Defense Medal/Ribbon and Philippine Liberation Medal to members of
crews of vessels who served in Philippine
[[Page 29386]]
waters. The Philippine Defense Medal is awarded to members of crews who
served in Philippine waters for not less than 30 days from December 8,
1941 to June 15, 1942. The Philippine Liberation Medal is awarded to
members of crews who served in Philippine waters for not less than 30
days from October 17, 1944 to September 3, 1945; and
(j) The Soviet Commemorative Medal was awarded to Merchant Mariners
who participated in convoys to Murmansk during World War II.
5. Korea Service Medal and bar: For Merchant Mariners who sailed
during the Korean War, the Maritime Administration has authorized the
Korean Service Medal and bar to be awarded to mariners who served in
the Merchant Marine in waters adjacent to Korea between June 30, 1950
and September 30, 1953.
6. Vietnam Service Medal and bar: For Merchant Mariners who sailed
during the Vietnam conflict who served in the Merchant Marine at any
time from July 4, 1965 to August 15, 1973 in waters adjacent to
Vietnam.
7. Merchant Marine Expeditionary Medal: Established in 1990 to
recognize U.S. Merchant Mariners who served on U.S.-flag ships in
support of U.S. military and allied forces. This medal was first for
service in Operations DESERT SHIELD and DESERT STORM. The medal is also
authorized for mariners who served in Operations ENDURING FREEDOM and
IRAQI FREEDOM.
8. Merchant Marine Medal for Outstanding Achievement: The Merchant
Marine Medal for Outstanding Achievement is an award given to mariners
or other individuals making a significant contribution to the U.S.
Merchant Marine or the maritime industry of the United States. The
medal may be awarded by the Maritime Administrator for any activities
that he/she finds to be an outstanding maritime achievement. For
example, the medal may be awarded to recognize mariners or other
individuals for maritime activities of a humanitarian nature. The medal
also may be awarded to recognize those individuals in the maritime
industry and educational community for their outstanding achievements
and contributions to the U.S. Merchant Marine or the maritime industry
of the United States. Individuals making significant contributions to
fostering, developing and promoting the U.S. Merchant Marine or the
maritime industries of the United States also are eligible for the
award.
9. The Administrator's Professional Ship Award is intended to
recognize National Defense Reserve Fleet (``NDRF'') vessels, crews,
ship managers, general agents and related contractors and other related
personnel that achieve the highest degree of readiness, performance,
efficiency, reliability, productivity and safety, or that have
distinguished themselves through outstanding accomplishment or
significant mission contribution in connection with NDRF missions;
(a) Each vessel, individual, or other entity approved for this
award will receive a commendation letter from the Maritime
Administrator and a certificate. The certificate will be inscribed with
the name of the ship and the operation or other activity for which the
award was earned and signed by the Administrator;
(b) With respect to an award given to an NDRF vessel, the
certificate will be framed and forwarded to the appropriate Ship
Manager/General Agent to be mounted in the master's office or other
appropriate area on the vessel; and
(c) Awards will be based on demonstrated and sustained superior
performance in fulfilling the vessel's assigned mission. Information
will be considered from all sources (e.g., reports from program
sponsors, Gateway Offices, operational commanders, MARAD surveyors'
observations, etc.).
10. Additional awards:
(a) The Maritime Administrator may determine to create award
categories in addition to the awards set forth above.
(b) The Awards Committee may recommend to the Maritime
Administrator such additional award categories as it deems appropriate.
(c) Any recommendation and establishment of a new award category
shall contain the following:
i. A specific title for the award;
ii. A description of what would be awarded; (i.e. medal, plaque,
certificate)
iii. Detailed criteria as to what is necessary to qualify for such
award; and
iv. A determination by the Office of Chief Counsel that such an
award category is within the authority under Public Law 84-759 and 46
CFR part 350 or this MAO.
(d) All such new award categories shall be published in the Code of
Federal Regulations and on MARAD's Web site.
(e) In any case of a proposed award or citation to a foreign vessel
or to a master or person serving aboard such vessel, such award or
citation shall be subject to the concurrence of the Secretary of State.
C. Other Recognition--The Donation or Loan of Merchant Marine Flags
In times of war and national emergency, the Merchant Mariners of
the United States have played a critical role in the transportation
system that supports and serves with the armed forces of the United
States. Termed the ``fourth arm'' of defense by President Franklin D.
Roosevelt, the mariners of the United States provide vital
transportation of critical personnel and materials to the appropriate
locations in support of the national defense and emergency response
efforts of the United States.
MARAD receives requests for Merchant Marine flags and logos from
organizations that wish to honor the historic and continuing
contributions of Merchant Mariners to the United States. MARAD also has
received requests for Merchant Marine flags and logos from various
educational organizations that perform maritime training.
Honoring the historic and continuing contributions of Merchant
Mariners supports MARAD's mission. Providing these flags, and
displaying them with the flags of the U.S. Armed Forces, recognizes the
role Merchant Mariners have played and continue to play in the national
defense of the United States. In recognizing the achievements and
importance of the service of U.S. Merchant Mariners, the displays will
enhance public awareness of the United States Merchant Marine as a
career path for citizens of the U.S. and focus individuals considering
such careers on the importance and value of the work they would do as
Merchant Mariners. This recognition will serve to underscore the
dignity and significance of the U.S. Merchant Marine as a whole. In
addition, such flags will remind those training to be Merchant Mariners
that they are part of a long tradition and profession whose mission
goes beyond individual gain in support of the highest principles of
public service.
Merchant Marine flags are neither gifts nor awards for individuals.
Their purpose is to recognize and memorialize the past and continuing
role and contribution of the Merchant Mariners of the United States.
The Merchant Marine Awards and Flag Committee will make
recommendations to the Maritime Administrator regarding which groups
satisfy the criteria set forth below and whether it should receive
either the donation or a loan of the Merchant Marine flag and under
what terms and conditions.
[[Page 29387]]
Criteria for the Donation or Loan of Merchant Marine Flags
Merchant Marine flags may only be donated or loaned to the
following groups:
1. Public entities, or civic organizations in the United States
qualified under United States Code, Title 26, section 501(c)(3), which
at the location in which the Merchant Marine flag would be displayed
have, at the time of application, at least 100 members and host visits
by at least 2,500 other members of the public annually in that
location; and, at the time of application, publicly display the United
States flag and the flag of at least one United States military
service.
2. Educational institutions providing maritime training that would
lead to a career in the United States Merchant Marine.
3. Institutions qualified to receive donated property under 46
U.S.C. 51103.
4. Non-profit organizations as defined by Section 501(c) of the
United States Internal Revenue Code (26 U.S.C. 501(c)), memorial/museum
ships, and public bodies that:
(a) Are registered with the Internal Revenue Service as a non-
profit organization;
(b) Are open to the public, or have and will display the flags in
publicly accessible areas; and
(c) Possess an educational, maritime, or civic mission.
5. Federal, State or local government entities that will display
the flags in publicly accessible areas.
6. Cemeteries or other locations at which U.S. Merchant Mariners
are buried and where the Merchant Marine flag will be displayed with
the flags of at least one other of the Armed Forces of the United
States.
Policy Analysis and Notices
Consistent with the Administrative Procedures Act and Department of
Transportation rulemaking policy, MARAD is publishing this policy in
the Federal Register to indicate how it plans to exercise the
discretionary authority provided by Public Law 84-759, 46 CFR part 350.
Nothing in this notice or in the policy itself requires MARAD to
exercise its discretionary authority under the law. This policy updates
the existing program in which successful applicants may obtain official
MARAD recognition of their service or contributions to the U.S.
Merchant Marine.
Paperwork Reduction Act: Under the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501-3520), a Federal agency must obtain approval from
the Office of Management and Budget (OMB) for each collection of
information it conducts, sponsors or requires through regulations.
MARAD analyzed each provision of this policy and determined that it
imposes no new requirements for recordkeeping and reporting. The
existing information collection 2133-0506, expiration date: 1/31/2017,
is sufficient and requires no changes.
Authority: Public Law 84-759, 46 CFR part 350, 46 U.S.C. 51901.
Dated: May 14, 2015.
By Order of the Maritime Administrator.
Thomas M. Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2015-12088 Filed 5-20-15; 8:45 am]
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