[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force and eliminate or revise those that are outdated or otherwise in 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]

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