Vessel Self-Designations

DEPARTMENT OF TRANSPORTATION

Maritime Administration

Vessel Self-Designations

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

Docket

Owner/Operator

Vessel

MARAD-2009-0093

U.S. United Ocean Serv.

M/VSheila McDevitt.

MARAD-2009-0097

U.S. United Ocean Serv.

M/VMary Ann Hudson.

MARAD-2009-0094

Liberty Maritime Corp

M/VLiberty Eagle.

MARAD-2009-0095

Liberty Maritime Corp

M/VLiberty Glory.

MARAD-2009-0096

Liberty Maritime Corp

M/VLiberty Grace.

MARAD-2009-0098

APL Maritime Limited

APL Ireland.

MARAD-2009-0099

APL Maritime Limited

APL New York.

MARAD-2009-0100

APL Maritime Limited

APL Arabia.

MARAD-2009-0101

APL Maritime Limited

APL Virginia.

MARAD-2009-0102

APL Maritime Limited

APL Egypt.

MARAD-2009-0103

APL Maritime Limited

APL Jade.

MARAD-2009-0104

APL Maritime Limited

APL Japan.

MARAD-2009-0105

APL Maritime Limited

APL Pearl.

MARAD-2009-0106

APL Maritime Limited

APL Cyprine.

MARAD-2009-0107

APL Maritime Limited

APL Agate.

MARAD-2009-0108

APL Maritime Limited

APL Agaman.

MARAD-2009-0109

APL Maritime Limited

APL Amazonite.

MARAD-2009-0110

APL Maritime Limited

APL Alexandrite.

MARAD-2009-0111

APL Maritime Limited

APL Germany.

MARAD-2009-0112

APL Maritime Limited

APL Hong Kong.

MARAD-2009-0113

APL Maritime Limited

APL Vietnam.

MARAD-2009-0114

APL Maritime Limited

APL Malaysia.

MARAD-2009-0115

APL Maritime Limited

APL Denmark.

MARAD-2009-0116

APL Maritime Limited

APL Sardonyx.

MARAD-2009-0117

APL Maritime Limited

APL Canada.

MARAD-2009-0118

APL Maritime Limited

APL Holland.

MARAD-2009-0119

APL Maritime Limited

APL Belgium.

MARAD-2009-0120

APL Maritime Limited

APL Spain.

MARAD-2009-0121

APL Maritime Limited

APL Garnet.

MARAD-2009-0122

APL Maritime Limited

APL Sweden.

MARAD-2009-0123

APL Maritime Limited

APL India.

MARAD-2009-0124

APL Maritime Limited

APL Australia.

MARAD-2009-0125

APL Maritime Limited

APL Amman.

MARAD-2009-0126

APL Maritime Limited

APL Italy.

MARAD-2009-0127

APL Maritime Limited

APL Atlanta.

MARAD-2009-0128

Hapag Lloyd USA LLC

FF Dubai Express.

MARAD-2009-0129

Hapag Lloyd USA LLC

FF Lahore Express.

MARAD-2009-0130

Hapag Lloyd USA LLC

FF New Delhi Express.

MARAD-2009-0131

Hapag Lloyd USA LLC

US Charleston Express.

MARAD-2009-0132

Hapag Lloyd USA LLC

US Philadelphia Express.

MARAD-2009-0133

Hapag Lloyd USA LLC

US St. Louis Express.

MARAD-2009-0134

Hapag Lloyd USA LLC

US Washington Express.

MARAD-2009-0135

Hapag Lloyd USA LLC

US 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.

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.

By Order of the Acting Maritime Administrator.

Dated: October 2, 2009.

Julie P. Agarwal,

Acting Secretary, Maritime Administration.

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

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