View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DOT/MARAD

RIN: 2133-AB73

Publication ID: Fall 2008

Title: ●Agency Agreements and Appointment of Agents
Abstract: This rulemaking is promulgated because title 46 CFR part 315.5, Appointment of an Agent requires that Agents (including Ship Managers) for the National Defense Reserve Fleet (NDRF) appointed by the Maritime Administration be United States citizens, as defined in section 315.3(b). Under existing authority, the Department of Defense (DOD) transfers vessels to the custody of the Maritime Administration for inclusion in the NDRF. Pursuant to that authority, eight Fast Sealift Ships (FSS) are being transferred from the Military Sealift Command (MSC) into the Ready Reserve Force (RRF) component of the NDRF, effective October 1, 2008. The eight FSS vessels are currently operated by Maersk Lines Limited (MLL) under a competitively awarded contract with MSC which contains options through FY 2010. Under the terms of the FSS transfer, MSC has delegated procuring contracting officer authority for the FSS contract to the Maritime Administration, which will provide oversight and direction to MLL for the remainder of the contract. Since the transferred vessels are being maintained and operated under a contract awarded by another Federal agency, administration of that contract does not constitute the appointment of an Agent by the Maritime Administration under 46 CFR subpart 315.5 and MLL may continue to operate the vessels under that contract, including the option periods, even though it is not a United States citizen under part 315. While the regulation as currently written allows MLL to continue performing the already awarded FSS contract, consistent with 46 CFR 315.5 and to reinforce the Maritime Administration's policy to appoint citizens of the United States as Agents (including Ship Managers) of vessels in the NDRF, this regulation is proposed to clarify the limited duration of such performance. The Maritime Administration believes this rulemaking does not rise to the level of a significant rulemaking as set forth in section 3(f) of Executive Order 12866.
Agency: Department of Transportation(DOT)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 49 CFR 315
Legal Authority: 49 CFR 1.66

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Begin Review	07/10/2008
Final Rule	08/21/2008	73 FR 49357
Final Rule Effective	08/21/2008

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Christine Gurland Department of Transportation Maritime Administration 1200 New Jersey Avenue SE., Washington, DC 20590 Phone:202 366-5157 Email: christine.gurland@dot.gov