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23084 Federal Register / Vol. 68, No.

83 / Wednesday, April 30, 2003 / Rules and Regulations

government and the Indian tribes, or on certain actions identified as ‘‘significant List of Subjects in 40 CFR Part 300
the distribution of power and energy actions.’’ Section 4(b) of
responsibilities between the Federal Executive Order 13211 defines Environmental protection, Air
government and Indian tribes.’’ ‘‘significant energy actions’’ as ‘‘any pollution control, Chemicals, Hazardous
action by an agency (normally substances, hazardous waste,
B. Does Executive Order 13175 Apply to published in the Federal Register) that Intergovernmental relations, Natural
This Final Rule? promulgates or is expected to lead to the resources, Oil pollution, penalties,
This final rule does not have tribal promulgation of a final rule or Reporting and recordkeeping
implications. It will not have substantial regulation, including notices of inquiry, requirements, Superfund, Water
direct effects on tribal governments, on advance notices of proposed pollution control, Water supply.
the relationship between the Federal rulemaking, and notices of proposed Dated: April 24, 2003.
government and Indian tribes, or on the rulemaking: (1)(i) that is a significant Barry Breen,
distribution of power and regulatory action under Executive Order Deputy Assistant Administrator, Office of
responsibilities between the Federal 12866 or any successor order, and (ii) is Solid Waste and Emergency Response.
government and Indian tribes, as likely to have a significant adverse effect
specified in Executive Order 13175. on the supply, distribution, or use of ■ 40 CFR part 300 is amended as follows:
Thus, Executive Order 13175 does not energy; or (2) that is designated by the
Administrator of the Office of PART 300—[AMENDED]
apply to this final rule.
Information and Regulatory Affairs as a
XV. Executive Order 13211 significant energy action.’’ ■ 1. The authority citation for part 300
continues to read as follows:
A. What is Executive Order 13211? B. Is This Rule Subject to Executive Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
Executive Order 13211, ‘‘Actions Order 13211? 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
Concerning Regulations That This rule is not subject to Executive 1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
Significantly Affect Energy Supply, Order 13211, ‘‘Actions Concerning 3 CFR, 1987 Comp., p. 193.
Distribution, or Use’’ (66 FR 28355 (May Regulations That Significantly Affect
■ 2. Table 1 of Appendix B to part 300
22, 2001), requires EPA to prepare and Energy Supply, Distribution, or Use’’ (66
is amended by adding the following sites
submit a Statement of Energy Effects to FR 28355 (May 22, 2001)) because it is
in alphabetical order to read as follows:
the Administrator of the Office of not a significant regulatory action under
Information and Regulatory Affairs, Executive Order 12866 (See discussion Appendix B to Part 300—National
Office of Management and Budget, for of Executive Order 12866 above.) Priorities List


State Site name City/County Notes 1

* * * * * * *
FL ...................... United Metals, Inc ........................................................................................ Marianna.
* * * * * * *
NC ..................... Ward Transformer ........................................................................................ Raleigh.
* * * * * * *
NE ..................... Omaha Lead ................................................................................................ Omaha.
* * * * * * *
NJ ...................... Woodbrook Road Dump .............................................................................. South Plainfield.
* * * * * * *
PR ..................... Pesticide Warehouse III ............................................................................... Manati.
* * * * * * *
TX ...................... Gulfco Marine Maintenance ......................................................................... Freeport.
* * * * * * *
UT ..................... Davenport and Flagstaff Smelters ............................................................... Sandy City.
* * * * * * *
1A = Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (if scored, HRS score need not be ≤ 28.50).
C = Sites on Construction Completion list. S = State top priority (included among the 100 top priority sites regardless of score). P = Sites with
partial deletion(s).

* * * * * DEPARTMENT OF TRANSPORTATION SUMMARY: The Maritime Administration

[FR Doc. 03–10648 Filed 4–29–03; 8:45 am] (MARAD, or we, our or us) is publishing
Maritime Administration this interim final rule to implement the
changes of the Maritime Transportation
46 CFR Part 388 Security Act of 2002. This interim final
[Docket No. 2003–15030] rule implements regulations to waive
the U.S.-build requirements of the
RIN 2133–AB49
Passenger Vessel Services Act and
Administrative Waivers of the section 27 of the Merchant Marine Act,
Coastwise Trade Laws for Eligible 1920, for eligible vessels to be
Vessels documented with appropriate
endorsement for employment in the
AGENCY: Maritime Administration, DOT. coastwise trade as small passenger
ACTION: Interim final rule. vessels or uninspected passenger vessels

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Federal Register / Vol. 68, No. 83 / Wednesday, April 30, 2003 / Rules and Regulations 23085

authorized to carry no more than 12 and vessel building community, and a Vessels eligible for a waiver of the
passengers for hire. This interim final requirement that the vessel meet U.S. coastwise trade laws will be limited to
rule also brings the application Coast Guard documentation standards. foreign-built or foreign rebuilt small
procedure into compliance with the Waivers approved by MARAD, which passenger vessels and uninspected
Government Paperwork Elimination set limits on vessel’s geographic use and passenger vessels as defined by section
Act, which requires that by October 21, required that all significant changes be 2101 of title 46, United States Code.
2003, the government must provide ‘‘the conducted with MARAD’s prior Vessels of unknown origin will be
option of electronic maintenance, approval, became a permanent part of considered foreign built. Additionally,
submission, or disclosure of information the vessel’s coastwise endorsement. As vessels requested for consideration must
when practicable as a substitute for required by the original enabling be greater than three (3) years old. We
paper.’’ legislation and the implementing will not grant waivers in instances
DATES: The effective date of this interim
regulation, MARAD granted no waivers where such waiver activity will have an
final rule is April 30, 2003. Comments after September 30, 2002. unduly harmful impact on U.S.
must be recieved by May 30, 2003. The Act signed by President Bush on shipyards or U.S.-flag ship operators.
November 25, 2002, repealed the Specifically, and in order to meet the
ADDRESSES: Comments should refer to
September 30, 2002, sunset provision public comment provisions of title V, it
docket number MARAD 2003–15030. is our intention to give notice of
contained in section 505 of the Coast
Written comments may be submitted by applications in the Federal Register and
Guard Authorization Act of 1998 (Pub.
mail to the Docket Clerk, U.S. Dot provide the appropriate reference to the
L. 105–383). The Act also substitutes a
Dockets, Room PL–401, Department of DOT Docket where the application is
new section 503 which requires the
Transportation, 400 7th St., SW., published and comments may be
Secretary to revoke ‘‘a certificate or an
Washington, DC 20590–0001. You may submitted. After a period of time to
endorsement issued under section 502,
also send comments electronically via evaluate comments and assess the
after notice and opportunity for a
the Internet at impact that the proposed waivers will
hearing, if the Secretary determines that
submit/. All comments will become part have on the U.S.-flag shipping and
the certificate or endorsement was
of this docket and will be available for shipbuilding industry, we will issue a
obtained by fraud.’’ This section
inspection and copying at the above determination.
changes and supersedes the
address between 10 a.m. and 5 p.m., e.t.,
circumstances under which a waiver MARAD does not have the authority
Monday through Friday, except Federal
can be revoked. This interim final rule to waive citizenship requirements for
holidays. An electronic version of this
implements these two legislative vessel ownership and documentation.
document and all documents entered
changes. The Coast Guard will ascertain whether
into this docket is available on the
This interim final rule also makes the shipowner is qualified as a citizen
World Wide Web at
several administrative changes designed to register a vessel. In addition, the
FOR FURTHER INFORMATION CONTACT: You to simplify the application process. Coast Guard, not MARAD, will
may call Michael Hokana, Office of Under the simplified process, applicants determine whether a particular vessel
Ports and Domestic Shipping, Maritime are encouraged to apply on line. The will be considered a small passenger
Administration, at (202) 366–0760, or application will be available on the vessel or an uninspected passenger
you may write to him at the following MARAD Web site at http:// vessel. However, we may refuse to
address: MAR–830 Room 7201, 400 and will include process an application if the vessel is
Seventh Street, SW., Washington, DC the ability to charge the application fee not the type eligible for a waiver.
20590. to a major credit card. Prospective applicants for a coastwise
SUPPLEMENTARY INFORMATION: Public Program Description: There are two trade law waiver may wish to consult
Law 105–383, which authorized the agencies with responsibilities related to with the Coast Guard prior to initiating
Secretary of Transportation to grant the coastwise trade laws. The Coast the waiver application process with
waivers of certain requirements for the Guard, part of the Department of MARAD.
smallest of passenger vessels (those Transportation before moving to the Under title V, section 503 previously
carrying 12 or fewer passengers) to Department of Homeland Security, contained authority to revoke coastwise
operate in the coastwise trade, issues the vessel documents and endorsements under the limited
contained a sunset provision effective endorsements that authorize vessels to circumstances where a foreign-built or
September 30, 2002. The Maritime engage in the coastwise trade. However, foreign-rebuilt passenger vessel, that
Transportation Security Act of 2002, the Secretary of Transportation has had been allowed into service,
section 207(c), Pub. L. 107–295 (the delegated to MARAD the authority to substantially changed that service. The
Act), removed the sunset provision and process applications for waivers of the Act amended section 503 to provide
added anti-fraud revocation authority. coastwise laws and to grant such fraud in the application process as the
Between January 2000 and September waivers if they do not adversely affect basis to revoke an endorsement.
2002, MARAD utilized regulations United States vessel builders or United MARAD’s procedure for revocation of a
published at 46 CFR part 388 to accept States-built vessel coastwise trade waiver will not change significantly.
applications from the public and businesses. We are outlining the Procedures will still include the
provide public notice of the intent to procedures to be followed in processing publication of a notice in the Federal
issue waivers to foreign built vessels for applications for waivers, or revoking Register seeking public comments on
use in the coastwise passenger trade (see waivers previously granted. Upon grant the proposed revocation. A hearing may
Federal Register notice at 65 FR 6905) of a waiver, MARAD will notify the be provided prior to making
(February 11, 2001). However, the applicant and the Coast Guard. determination. Secondly, if we
regulation also contains the sunset Thereafter, you may register the vessel determine that the endorsement was
included in the enabling legislation. The so waived with the Coast Guard under obtained by fraud we will issue a formal
application process required a $300 the Coast Guard’s normal procedures, letter of waiver revocation with an
non-refundable fee, an ‘‘adverse effect’’ provided the vessel is otherwise appropriate grace period. This
assessment on the U.S.-flag shipping eligible. determination will be sent to the Coast

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23086 Federal Register / Vol. 68, No. 83 / Wednesday, April 30, 2003 / Rules and Regulations

Guard for revocation of the vessel’s the option of filing applications Paperwork Reduction Act
coastwise endorsement. electronically, is mandated by the This interim final rule reactivates a
MARAD’s decisions to grant or deny Government Paperwork Elimination requirement for the collection of
a waiver and to revoke or not revoke a Act. information that was used before the
waiver will not be final until the time sunset provision contained in the Coast
for review has expired. Applicants and Executive Order 13132
Guard Authorization Act of 1998 ended
persons who submitted comments in the authority to grant waivers. The
We analyzed this rulemaking in
response to a Federal Register notice Office of Management and Budget
accordance with the principles and
may petition the Maritime (OMB) has reviewed and approved the
criteria contained in E.O. 13132
Administrator to review a waiver information collection requirements
(‘‘Federalism’’) and have determined
determination, or request the Maritime under the Paperwork Reduction Act of
Administrator not to review a waiver that it does not have sufficient
federalism implications to warrant the 1995 (44 U.S.C. 3501, et seq.). The OMB
determination. Relatively short time approval number is 2133–0529.
periods are provided for this review preparation of a federalism summary
process. impact statement. The regulations Unfunded Mandates Reform Act
herein have no substantial effects on the
Rulemaking Analyses and Notices This interim final rule does not
States, or on the current Federal-State
impose unfunded mandates under the
Executive Order 12866 and DOT relationship, or on the current
Unfunded Mandates Reform Act of
Regulatory Policies and Procedures distribution of power and 1995. It does not result in costs of $100
responsibilities among the various local million or more to either State, local, or
This interim final rule is not
officials. Therefore, MARAD did not tribal governments, in the aggregate, or
significant under section 3(f) of
consult with State and local officials to the private sector, and is the least
Executive Order 12866, and as a
consequence, OMB did not review the because it was not necessary. burdensome alternative that achieves
rule. This interim final rule is not Regulatory Flexibility Act the objectives of the rule.
significant under the Regulatory Policies Consultation and Coordination With
and Procedures of the Department of The Regulatory Flexibility Act
Indian Tribal Governments
Transportation (44 FR 11034; February requires MARAD to assess the impact
26, 1979). The costs and benefits that regulations will have on small MARAD believes that regulations
associated with this rulemaking are entities. After analysis of this interim evolving from this interim final rule
considered to be so minimal that no final rule, MARAD certifies that this would have no significant or unique
further regulatory impact analysis is interim final rule will not have a effect on the communities of Indian
necessary. Vessels eligible for a waiver significant economic impact on a tribal governments when analyzed
of the coastwise trade laws will be substantial number of small businesses. under the principles and criteria
limited to foreign built or foreign re- Although we expect many applicants for contained in Executive Order 13084
built small passenger vessels and vessel waivers to be small businesses, (Consultation and Coordination with
uninspected passenger vessels as we do not believe that the economic Indian Tribal Governments). Therefore,
defined by section 2101 of title 46, impact will be significant. This the funding and consultation
United States Code. Additionally, regulation allows MARAD to waive the requirements of this Executive Order
vessels requested for consideration must U.S.-build and other requirements for would not apply.
be greater than three years old. We will eligible vessels and adds a small Regulation Identifier Number (RIN)
not grant waivers in instances where economic benefit to applicants. This
such waiver activity will have an A regulation identifier number (RIN)
regulation will only allow vessels to is assigned to each regulatory action
unduly adverse effect on U.S. vessel carry the statutory maximum of 12
builders or U.S. businesses that use U.S. listed in the Unified Agenda of Federal
passengers. As a consequence, MARAD Regulations. The Regulatory Information
flag vessels. Under title V, MARAD also estimates that a vessel owner who
has the authority to revoke coastwise Service Center publishes the Unified
receives a waiver may earn a few Agenda in April and October of each
endorsements under the limited hundred dollars per year for localized
circumstances where a foreign-built or year. The RIN number contained in the
operations (geographic restrictions heading of this document can be used
foreign-rebuilt passenger vessel, apply) such as whale watching and
previously allowed into service, is to cross-reference this action with the
personalized fishing expeditions. Also, Unified Agenda.
deemed to have obtained such the economic impact of this rule is
endorsement through fraud. limited because it precludes vessel List of Subjects in 46 CFR Part 388
We are publishing this rule as an
owners from participating in other Administrative practice and
interim final rule, pursuant to 5 U.S.C.
economic activities such as carrying procedure, Maritime carriers, Passenger
553 (b)(3)(B), rather than as a proposed
cargo and commercial fishing. vessels, Reporting and recordkeeping
rule, because notice and public
procedure thereon are unnecessary. Part Environmental Assessment
388 was originally published following ■ Accordingly, the Maritime Adminis-
proper notice and comment procedures. This interim rule would not tration amends 46 CFR chapter II, sub-
The Act lifts the sunset provision in the significantly affect the environment chapter J, by revising part 388 to read as
statute, thereby extending the program because the small number and small follows:
indefinitely. This interim final rule size of vessels admitted to U.S. registry
likewise lifts the sunset provision that under this waiver program would have PART 388—ADMINISTRATIVE
was contained in the regulation. The little or no effect on the environment. WAIVERS OF THE COASTWISE TRADE
change in revocation criteria included Accordingly, an Environmental Impact LAWS
in the interim final rule is mandated by Statement is not required under the Sec.
legislation. The other change effected National Environmental Policy Act of 388.1 Purpose.
immediately by this interim final rule, 1969. 388.2 Definitions.

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Federal Register / Vol. 68, No. 83 / Wednesday, April 30, 2003 / Rules and Regulations 23087

388.3 Application and fee. may be submitted all sources, including public comment,
388.4 Criteria for grant of a waiver. electronically with credit card or internal investigation and analysis, and
388.5 Criteria for revocation of a waiver. Automated Clearinghouse (ACH) any other sources of information
388.6 Process. payment of the $300 application fee. deemed appropriate.
Authority: 46 App. U.S.C. 1114(b); Pub. L. (2) Alternatively, applicants may send (b) Impact on U.S. vessel builders. We
105–383, 112 Stat. 3445 (46 U.S.C. 12106 written applications to Small Vessel may use the following criteria to
note): 49 CFR 1.66. Waiver Applications, Office of Ports and determine the effect on U.S. vessel
§ 388.1 Purpose. Domestic Shipping, MAR–830, Room builders: Whether a potentially
7201, 400 7th St., SW., Washington, DC impacted U.S. vessel builder has a
This part prescribes regulations
20590. Written applications need not be history of construction of similar
implementing the provisions of Title V
in any particular format, but must be vessels, or can demonstrate the
of Public Law 105–383 (112 Stat. 3445),
signed, be accompanied by a check for capability and capacity and the fact it
which grants the Secretary authority to
$300 made out to the order of ‘‘Maritime has taken definite steps to offer to build
review and approve applications for
Administration’’, and contain the a similar vessel, for use in the same
waiver of the coastwise trade laws to
following information: geographic region of the United States,
allow the carriage of no more than
(i) Name of vessel and owner for as the proposed vessel of the applicant.
twelve passengers for hire on vessels,
which waiver is requested and the (c) Impact on coastwise trade
which are three years old or more, built
vessel’s official number. business. We may use the following
or rebuilt outside the United States, and (ii) Size, capacity and tonnage of criteria to determine the effect on
grants authority for revocation of those vessel (state whether tonnage is existing operators of U.S.-built vessels
waivers. measured pursuant to 46 U.S.C. 14502, in coastwise trade:
§ 388.2 Definitions. or otherwise, and if otherwise, how (1) Whether the proposed vessel of the
For the purposes of this Part: measured). applicant and a vessel of an existing
(a) Administrator means the Maritime (iii) Intended use for vessel, including operator (or the vessel of an operator
Administrator geographic region of intended operation that can demonstrate it has taken
(b) Coastwise Trade Laws include: and trade. definite steps to begin operation) would
(1) The Coastwise Endorsement (iv) Date and place of construction provide similar commercial service and
Provision of the Vessel Documentation and (if applicable) rebuilding. (If would operate in the same geographic
Laws, (46 U.S.C. 12106); applicant is unable to document the area.
(2) The Passenger Services Act, origin of the vessel, foreign construction (2) The number of similar vessels
section 8 of the Act of June 19, 1886 (46 will be assumed). operating or proposed to operate in the
App. U.S.C. 289); and (v) Name, address, and telephone same market with the same or similar
(3) The Jones Act, section 27 of the number of the vessel owner. itinerary, relative to the size of the
Merchant Marine Act, 1920 (46 App. (vi) A statement on the impact this market. For example, a single vessel
U.S.C. 883). waiver will have on other commercial may have a small impact on a large
(c) Eligible vessel means a vessel of passenger vessel operators, including a market.
five or more tons that is either a small statement describing the operations of (d) Advance notice and approval
passenger vessel or an uninspected existing operators. needed for changes. When we approve
passenger vessel that— (vii) A statement on the impact this a waiver application, we will notify the
(1) Was not built in the United States waiver will have on U.S. shipyards. applicant that no substantial change in
and is at least 3 years of age; or (viii) A statement that the applicant the employment of the vessel in the
(2) If rebuilt, was rebuilt outside the represents that the foregoing coastwise trade may be made without
United States at least 3 years before the information is true to the best of the prior notice to MARAD. In general a
certificate of documentation with applicant’s knowledge. substantial change in operating area will
appropriate endorsement if granted, (b) MARAD may ask additional require a new waiver application.
would become effective. questions of the applicant as part of the
(d) MARAD means the Maritime application review. § 388.5 Criteria for revocation of a waiver.
Administration, U.S. Department of We may revoke a waiver previously
§ 388.4 Criteria for grant of a waiver. granted under this Part if we determine,
(e) Secretary means the Secretary of (a) General criteria. (1) A waiver of after notice and opportunity for a
Transportation. the foreign build and/or foreign rebuild hearing, that fraud was involved in any
(f) The terms, small passenger vessel, prohibition in the coastwise trade laws part of the waiver application.
uninspected passenger vessel and will be granted for an eligible vessel
only if we determine that the § 388.6 Process.
passenger for hire have the meaning
given such terms by section 2101 of title employment of the vessel in the (a) Initial process. (1) We will review
46, United States Code. coastwise trade will not unduly each application for completeness as
(g) Fraud means the intentional adversely affect— received. We will notify the applicant if
misrepresentation of a material fact or (i) United States vessel builders; or additional information is necessary or if
facts. (ii) The coastwise trade business of the application does not meet the initial
any person who employs vessels built in eligibility requirements for waiver. All
§ 388.3 Application and fee. the United States in that business. applications will be available for public
(a) An owner of a vessel may choose (2) The determination of ‘‘unduly inspection electronically in the
either of two methods to apply for an adverse affect’’ on a coastwise operator Department of Transportation Docket at
administrative waiver of the coastwise or a U.S. vessel builder may not be
trade laws of the United States for an limited to operators or builders of (2) Applications being processed on
eligible vessel to carry no more than vessels carrying 12 or fewer passengers. the merits will be noticed in the Federal
twelve passengers for hire. (3) We may evaluate the expected Register. Interested parties will be given
(1) The application form contained on impact of the proposed waiver on the an opportunity to comment on whether
MARAD’s website at http:// basis of the information received from introduction of any proposed vessel

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23088 Federal Register / Vol. 68, No. 83 / Wednesday, April 30, 2003 / Rules and Regulations

would adversely affect them. In the Administrator has expired. Each DEPARTMENT OF DEFENSE
absence of duly filed objections to an decision to grant, deny, or revoke a
application, and in the absence of waiver will be made in writing and a 48 CFR Parts 202 and 245 and
unduly adverse impact on vessel copy of the written decision will be Appendix G to Chapter 2
builders or businesses employing U.S.- provided to each applicant and other
built vessels otherwise discovered by parties to the decision. Applicants, Defense Federal Acquisition
us, we will conclude that there will be persons who requested revocation of a Regulation Supplement; Technical
no adverse effect. If an objection to an waiver, and persons who submitted Amendments
application is received, additional comments in response to a Federal
AGENCY: Department of Defense (DoD).
information may be sought from the Register notice may petition the
objector. The applicant will be given a Administrator to review a decision by ACTION: Final rule.
sufficient amount of time to respond. the Director, Office of Ports and
The Director, Office of Ports and Domestic Shipping to grant a waiver, SUMMARY: DoD is making technical
Domestic Shipping, will then either deny a waiver, or revoke a waiver amendments to the Defense Federal
make a decision based on the written within five (5) business days after such Acquisition Regulation Supplement to
submissions and all available decision is filed in the docket. Each update organizational titles and activity
information or may as a matter of petition for review should state the names and addresses.
discretion, hold a hearing on the petitioner’s standing and the reasons EFFECTIVE DATE: April 30, 2003.
application and make a decision based review is being sought, clearly pointing FOR FURTHER INFORMATION CONTACT: Ms.
on the hearing record. The decision will out alleged errors of fact or misapplied
be communicated to the applicant, Michele Peterson, Defense Acquisition
points of law. Within five (5) business Regulations Council,
commenters and the United States Coast days of submission of a petition for
Guard in writing and placed in the OUSD(AT&L)DPAP(DAR), IMD 3C132,
review, the applicant, and other persons 3062 Defense Pentagon, Washington, DC
docket. If MARAD grants a waiver, the with standing, may request the
applicant must thereafter contact the 20301–3062. Telephone (703) 602–0311;
Administrator not review a waiver, facsimile (703) 602–0350.
Coast Guard to obtain the necessary waiver denial or waiver revocation
documentation for domestic operation. decision. List of Subjects in 48 CFR Parts 202 and
MARAD’s waiver does not satisfy other 245
requirements of the Coast Guard for (2) Such petitions and responses must
documentation. The waiver, if either be sent by facsimile to the Government procurement.
approved, will be assigned to the vessel. Secretary, Maritime Administration, at
Michele P. Peterson,
(b) Revocation. We may, upon the (202) 366–9206 or filed electronically in
the appropriate DOT docket at http:// Executive Editor, Defense Acquisition
request of a U.S. builder or a coastwise Regulations Council.
trade business of a person who employs The Administrator will
U.S. built vessels or upon our own decide whether to review within five (5) ■ Therefore, 48 CFR Parts 202 and 245
initiative propose to revoke a waiver business days following the last day for and Appendix G to Chapter 2 are
granted under this part, on the basis that submission of a request that the amended as follows:
the waiver was obtained through fraud. Administrator not take review. If the ■ 1. The authority citation for 48 CFR
The grantee of the waiver in question Administrator takes review, the decision Parts 202 and 245 and Appendix G to
will be notified directly by mail, and a by the Director, Office of Ports and subchapter I continues to read as follows:
notice will be published in the Federal Domestic Shipping, is stayed until final
Authority: 41 U.S.C. 421 and 48 CFR
Register. The original docket of the disposition. In the event the Chapter 1.
application will be reopened. We may Administrator decides to take review, a
request additional information from the decision will be made based on the PART 202—DEFINITIONS OF WORDS
applicant granted the waiver or from written submissions and all available AND TERMS
any respondent to the notice. The information. As a matter of discretion,
Director, Office of Ports and Domestic the Administrator or designated 202.101 Definitions.
Shipping, will then either make a representative may hold a hearing on ■ 2. Section 202.101 is amended in the
decision based on the written the proposed action and make a definition of ‘‘Senior procurement
submissions and all available decision based on the hearing record. executive’’ by removing ‘‘Department of
information or, as a matter of discretion The decision will be communicated in the Army—Assistant Secretary of the
hold a hearing on the proposed writing to the interested parties and the Army (Research, Development and
revocation and make a decision based Coast Guard. In the review process, the Acquisition)’’ and adding in its place
on the hearing record. The decision will decision of the Maritime Administrator ‘‘Department of the Army—Assistant
be communicated in writing to: the is the final disposition. In the absence Secretary of the Army (Acquisition,
applicant granted the waiver, the of any petition for review, the Logistics and Technology)’’.
requestor (if any), each respondent to determination by the Director, Office of
the proposed revocation notice, the Ports and Domestic Shipping becomes PART 245—GOVERNMENT PROPERTY
Coast Guard; and placed in the docket. final on the sixth business day after the
245.407 [Amended]
If MARAD revokes a waiver, the Coast decision. The Secretary, MARAD, may
Guard, automatically and without extend any of the time limits, but only ■ 3. Section 245.407 is amended in para-
further proceedings, shall revoke the for good cause shown. graph (a)(i)(A) by removing ‘‘(RD&A)’’
vessel’s coastwise endorsement. and adding in its place ‘‘(AL&T)’’.
Dated: April 24, 2003.
(c) Review of determinations. (1) The Appendix G to Chapter 2—Activity
By Order of the Maritime Administrator.
decisions by the Director, Office of Ports Nunbers
and Domestic Shipping, to grant a Joel C. Richard,
waiver, deny a waiver, or revoke a Secretary. ■ 4. Appendix G to Chapter 2 is amended
waiver will not be final until time for [FR Doc. 03–10578 Filed 4–29–03; 8:45 am] in Part 3 by adding entry ‘‘N65540’’ to
discretionary review by the BILLING CODE 4910–81–P read as follows:

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