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Notice

Vessel Self-Designations

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Information about this document as published in the Federal Register.

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AGENCY:

U.S. Department of Transportation, Maritime Administration.

ACTION:

Notice.

SUMMARY:

On September 4, 2009, the United States Department of Agriculture (USDA), the United States Department of Transportation's Maritime Administration (MARAD), and the United States Agency for International Development (USAID) entered into a Memorandum of Understanding (MOU) regarding the proper implementation of the Cargo Preference Act (CPA). That MOU, inter alia, establishes procedures and standards by which owners and operators of oceangoing cargo ships may seek to designate each of their vessels as either a dry bulk carrier or a dry cargo liner, according to specified service-based criteria. This Notice both announces that MARAD has received such self-designation applications for particular vessels from their owners and operators, and invites comments thereon from interested parties. MARAD will thereafter consider all the information submitted in support of a requested self-designation and other evidence in the record in reaching its own decision on the appropriate vessel classification.

DATES:

Comments are due on October 19, 2009.

Background

The CPA requires that federal agencies take “necessary and practicable” steps to ensure that privately-owned U.S.-flag vessels transport at least 50 percent of the gross tonnage of cargo sponsored under Federal programs “(computed separately for dry bulk carriers, dry cargo liners, and tankers) * * * to the extent such vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas.” 46 U.S.C. 55305(b). An additional 25 percent of gross tonnage of certain food assistance programs is to be transported in accordance with the requirements of 46 U.S.C. 55314.

The MOU referenced above, as well as an accompanying explanatory notice, were published by MARAD in the Federal Register on September 15, 2009. The MOU adopts standards and procedures to be used to classify the vessels transporting preference cargo. This Notice marks the first use of those standards and procedures. Owners and operators of the vessels listed below have submitted applications to self-designate their ships as either dry bulk vessels or as dry cargo liners. Each vessel has been assigned a separate docket containing the materials submitted. Interested persons are invited to submit comments regarding these vessels to the appropriate docket no later than 5 p.m. EDT on October 19, 2009. Commentators are advised to address their comments to the service-based criteria listed in the September 15 Federal Register notice that will determine the ultimate classification of each vessel.

Applications to Self-Designate

DocketOwner/OperatorVessel
MARAD-2009-0093U.S. United Ocean Serv.M/VSheila McDevitt.
MARAD-2009-0097U.S. United Ocean Serv.M/VMary Ann Hudson.
MARAD-2009-0094Liberty Maritime CorpM/VLiberty Eagle.
MARAD-2009-0095Liberty Maritime CorpM/VLiberty Glory.
MARAD-2009-0096Liberty Maritime CorpM/VLiberty Grace.
MARAD-2009-0098APL Maritime LimitedAPL Ireland.
MARAD-2009-0099APL Maritime LimitedAPL New York.
MARAD-2009-0100APL Maritime LimitedAPL Arabia.
MARAD-2009-0101APL Maritime LimitedAPL Virginia.
MARAD-2009-0102APL Maritime LimitedAPL Egypt.
MARAD-2009-0103APL Maritime LimitedAPL Jade.
MARAD-2009-0104APL Maritime LimitedAPL Japan.
MARAD-2009-0105APL Maritime LimitedAPL Pearl.
MARAD-2009-0106APL Maritime LimitedAPL Cyprine.
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MARAD-2009-0107APL Maritime LimitedAPL Agate.
MARAD-2009-0108APL Maritime LimitedAPL Agaman.
MARAD-2009-0109APL Maritime LimitedAPL Amazonite.
MARAD-2009-0110APL Maritime LimitedAPL Alexandrite.
MARAD-2009-0111APL Maritime LimitedAPL Germany.
MARAD-2009-0112APL Maritime LimitedAPL Hong Kong.
MARAD-2009-0113APL Maritime LimitedAPL Vietnam.
MARAD-2009-0114APL Maritime LimitedAPL Malaysia.
MARAD-2009-0115APL Maritime LimitedAPL Denmark.
MARAD-2009-0116APL Maritime LimitedAPL Sardonyx.
MARAD-2009-0117APL Maritime LimitedAPL Canada.
MARAD-2009-0118APL Maritime LimitedAPL Holland.
MARAD-2009-0119APL Maritime LimitedAPL Belgium.
MARAD-2009-0120APL Maritime LimitedAPL Spain.
MARAD-2009-0121APL Maritime LimitedAPL Garnet.
MARAD-2009-0122APL Maritime LimitedAPL Sweden.
MARAD-2009-0123APL Maritime LimitedAPL India.
MARAD-2009-0124APL Maritime LimitedAPL Australia.
MARAD-2009-0125APL Maritime LimitedAPL Amman.
MARAD-2009-0126APL Maritime LimitedAPL Italy.
MARAD-2009-0127APL Maritime LimitedAPL Atlanta.
MARAD-2009-0128Hapag Lloyd USA LLCFF Dubai Express.
MARAD-2009-0129Hapag Lloyd USA LLCFF Lahore Express.
MARAD-2009-0130Hapag Lloyd USA LLCFF New Delhi Express.
MARAD-2009-0131Hapag Lloyd USA LLCUS Charleston Express.
MARAD-2009-0132Hapag Lloyd USA LLCUS Philadelphia Express.
MARAD-2009-0133Hapag Lloyd USA LLCUS St. Louis Express.
MARAD-2009-0134Hapag Lloyd USA LLCUS Washington Express.
MARAD-2009-0135Hapag Lloyd USA LLCUS Yorktown Express.

The self-designations sought by vessel owners and operators will remain effective unless MARAD reaches a different determination. MARAD will issue such determinations no later than 15 calendar days from the close of the comment period, that is, no later than November 3, 2009. Vessel owners and operators who object to MARAD's designation may appeal to the MARAD Administrator within 10 calendar days, or no later than 5 p.m. EDT on November 13, 2009. MARAD will issue its final determination in such cases within 30 calendar days, or no later than December 14, 2009, after consultation with USAID, USDA, and the U.S. Department of State.

Pursuant to the terms of the MOU, vessels for which no applications for self-designation are submitted will retain the classification found on the existing vessel list maintained by MARAD unless and until MARAD makes a contrary designation. The MARAD list may be found at: http://marad.dot.gov/​documents/​MAR730_​Master VesselList forCargo Preference.pdf.

ADDRESSES:

All comments should prominently refer to the docket assigned to the vessel to which they pertain. Interested persons are strongly encouraged to submit their comments electronically via the Internet at http://www.regulations.gov. Enter the docket number provided above that pertains to the relevant vessel and follow instructions for submitting comments. Comments may also be submitted via Fax or by hand or express delivery. Fax: (202) 493-2251. Hand or express delivery: Docket Clerk, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

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FOR FURTHER INFORMATION CONTACT:

Jean E. McKeever, Associate Administrator for Business and Workforce Development, Maritime Administration, 1200 New Jersey Ave., SE., Washington, DC 20590; phone: (202) 366-5737; fax: (202) 366-6988; or e-mail: jean.mckeever@dot.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individuals during business hours. The FIRS is available twenty-four hours a day, seven days a week, to leave a message or question with the above individuals. You will receive a reply during normal business hours.

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By Order of the Acting Maritime Administrator.

Dated: October 2, 2009.

Julie P. Agarwal,

Acting Secretary, Maritime Administration.

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[FR Doc. E9-24165 Filed 10-6-09; 8:45 am]

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