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DOT/MARAD

RIN: 2133-AB70

Publication ID: Fall 2008

Title: ●America's Marine Highway Program
Abstract: Section 1121 of Public Law 110-140, the Energy Independence and Security Act of 2007 (Energy Bill), directs the Secretary of Transportation to establish a short sea transportation program and designate short sea transportation projects to mitigate landside congestion. It does not appropriate any funds. It also established three key program milestones, the first of which is to develop interim regulations to implement the program by March 19, 2008. Final regulations are required by October 1, 2008, and a report to Congress is due on December 19, 2008. The draft interim regulations must contain four key components that meet the requirements set forth in the Energy Bill: (1) Designation of Marine Highway Corridors modeled after the Department of Transportation (DOT) Corridors of the Future Program and intended to encourage multi-jurisdictional coalitions to apply for designation as a corridor; (2) Designation of Marine Highway Projects: We intend to select specific projects through an application process that will identify the projects that offer the best public benefit (congestion mitigation, emissions and energy reductions, etc.) and likelihood of success;(3) Incentives, Impediments and Solutions: The Energy Bill requires that we provide recommendations to Congress in December 2008. DOT is directed to identify short term incentives, establish a Board to identify and seek solutions to impediments, and work with transportation planners to incorporate the Marine Highway in transportation planning; (4) Research: It requires DOT to work with the Environmental Protection Agency to conduct research to support America´s Marine Highway, within the limitations of available resources. 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: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 49 CFR 393 (new)
Legal Authority: PL 110-140

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	Final regulations are required by October 1, 2008, and a report to Congress is due on December 19, 2008.	10/01/2008

Timetable:

Action	Date	FR Cite
Interim Final Rule	10/09/2008	73 FR 59530
Interim Final Rule Effective	11/10/2008
Interim Final Rule Comment Period End	02/06/2009

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: Jay Gordon Attorney-Advisor Department of Transportation Maritime Administration 1200 New Jersey Avenue SE, Washington, DC 20590 Phone:202 366-5191 Email: jay.gordon@dot.gov