61448 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 

Source of flooding and location 

*Elevation in feet 

(NGVD)

+Elevation in feet

(NAVD) 

Communities affected 

Town of Hayden:

Maps are available for inspection at the Town Hall, 178 West Jefferson, Hayden, Colorado. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: October 6, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–23305 Filed 10–18–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF TRANSPORTATION

Maritime Administration 

46 CFR Parts 232, 281, 287, 295, 298, 

310, 355, 380 and 390

[Docket Number: MARAD–2003–16238] 

RIN 2133–AB64

Electronic Options for Transmitting 

Certain Information Collection 

Responses to MARAD

AGENCY: Maritime Administration, 

Department of Transportation.

ACTION: Final rule.

SUMMARY: The Maritime Administration 

(MARAD) is publishing this final rule to 

offer electronic submission options to 

respondents for submission of 

information that is collected from them 

under the approved information 

collections identified in this final rule. 

These information collections are 

needed by MARAD in order to conduct 

business between MARAD and 

respondents. This action is part of 

MARAD’s implementation of the 

Government Paperwork Elimination Act 

(GPEA).

DATES: This final rule is effective 

October 19, 2004.

FOR FURTHER INFORMATION CONTACT:

Richard Weaver, Director, Office of 

Management and Information Services, 

Maritime Administration, MAR–310, 

Room 7301, 400 Seventh Street, SW., 

Washington, DC 20590; telephone: (202) 

366–2811; FAX: (202) 366–3889, or email: richard.weaver@marad.dot.gov.

SUPPLEMENTARY INFORMATION: MARAD 

recognizes that information technology 

and the Internet are transforming the 

ways we communicate with our 

customers. Also, expanding EGovernment is one of five governmentwide initiatives in the President’s 

Management Agenda and includes 

implementation of the Government 

Paperwork Elimination Act (GPEA). 

Under the E-Government initiative, 

agencies are to offer the option for 

respondents to transmit by electronic 

means information collections that are 

required by those agencies whenever 

such transmission is practicable. 

On November 5, 2003, MARAD 

published an interim final rule in the 

Federal Register (68 FR 62535, 

November 5, 2003) requesting 

comments regarding the practicability of 

using electronic submissions for certain 

information collections prescribed in 46 

CFR Parts 200–499. No comments were 

received on the interim final rule. 

In the interim final rule, a mistake 

was made in the amendatory language 

that inadvertently deleted several 

paragraphs from 46 CFR 281.1 (under 

paragraph designation (f)). This final 

rule corrects the error by adding the 

deleted paragraphs back to section 

281.1. 

Regulatory Analyses and Notices 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866 

and, therefore, was not reviewed by the 

Office of Management and Budget. This 

final rule is not likely to result in an 

annual effect on the economy of $100 

million or more. This final rule is also 

not significant under the Regulatory 

Policies and Procedures of the 

Department of Transportation (44 FR 

11034, February 26, 1979). The costs 

and overall economic impact associated 

with this rulemaking are considered to 

be so minimal that no further analysis 

is necessary. This final rule is intended 

only to allow timely as well as fair and 

efficient employment of electronic 

transmission technologies for the 

information collections identified in 

this rule. 

Administrative Procedure Act 

The Administrative Procedure Act (5 

U.S.C. 553) provides an exception to 

notice and comment procedures when 

they are unnecessary or contrary to the 

public interest. MARAD found good 

cause under 5 U.S.C. 553(b)(3)(B) for not 

providing notice and comment when it 

published its interim final rule since it 

only implements the Government 

Paperwork Elimination Act and merely 

allows the regulated public an 

opportunity to submit certain required 

information via electronic means. Under 

5 U.S.C. 553(d)(3), MARAD finds that, 

for the same reasons listed above, good 

cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Regulatory Flexibility Act 

The Maritime Administrator certifies 

that this final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This final rule only provides the 

electronic option for transmitting 

responses to MARAD for the 

information collections identified in the 

final rule. 

Federalism 

We have analyzed this final rule in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (Federalism) and have 

determined that it does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. These 

regulations have no substantial effect on 

the States, the current Federal-State 

relationship, or the current distribution 

of power and responsibilities among 

local officials. Therefore, consultation 

with State and local officials is not 

necessary. 

Executive Order 13175

MARAD does not believe that this 

final rule will significantly or uniquely 

affect the communities of Indian tribal 

governments when analyzed under the 

principles and criteria contained in 

Executive Order 13175 (Consultation 

and Coordination with Indian Tribal 

Governments). Therefore, the funding 

and consultation requirements of this 

Executive Order do not apply. 

Environmental Impact Statement 

We have analyzed this final rule for 

purposes of compliance with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) and have 

concluded that under the categorical 

Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 61449

exclusions in section 4.05 of Maritime 

Administrative Order (MAO) 600–1, 

‘‘Procedures for Considering 

Environmental Impacts,’’ 50 FR 11606 

(March 22, 1985), neither the 

preparation of an Environmental 

Assessment, an Environmental Impact 

Statement, nor a Finding of No 

Significant Impact for this final rule is 

required. This final rule involves 

administrative and procedural 

regulations that have no environmental 

impact. 

Unfunded Mandates Reform Act of 1995

This final rule does not impose an 

unfunded mandate under the Unfunded 

Mandates Reform Act of 1995. It does 

not result in costs of $100 million or 

more, in the aggregate, to any of the 

following: State, local, or Native 

American tribal governments, or the 

private sector. This final rule is the least 

burdensome alternative that achieves 

this objective of U.S. policy. 

Paperwork Reduction Act 

This final rule contains information 

collection requirements covered by 

OMB approval numbers identified in 

the final rule under 5 CFR Part 1320, 

pursuant to the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects 

46 CFR Part 232

Maritime carriers, Reporting and 

recordkeeping requirements, Uniform 

System of Accounts. 

46 CFR Part 281

Administrative practice and 

procedure, Grant programs—

transportation, Maritime carriers, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 287

Fishing vessels, Income taxes, 

Investments, Maritime carriers, 

Reporting and recordkeeping 

requirements, Vessels. 

46 CFR Part 295

Maritime carriers, Reporting and 

recordkeeping requirements. 

46 CFR Part 298

Loan programs—transportation, 

Maritime carriers, Reporting and 

recordkeeping requirements. 

46 CFR Part 310

Federal Aid Programs, Reporting and 

recordkeeping requirements, Schools, 

Seamen. 

46 CFR Part 355

Citizenship and naturalization, 

Maritime carriers, Reporting and 

recordkeeping requirements. 

46 CFR Part 380

Administrative practice and 

procedure, Grant programs—

transportation, Maritime carriers, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 390

Income taxes, Investments, Maritime 

carriers, Reporting and recordkeeping 

requirements.

■ Accordingly, 46 CFR Chapter II is 

amended as follows:

PART 232—UNIFORM FINANCIAL 

REPORTING REQUIREMENTS

■ 1. The authority citation for part 232 

continues to read as follows:

Authority: Sec. 204(b), Merchant Marine 

Act, 1936, as amended (46 App U.S.C. 

1114(b)); 49 CFR 1.66.

■ 2. Amend § 232.2 by revising 

paragraph (d) to read as follows:

§ 232.2 General instructions.

* * * * *

(d) Submission of questions. (1) A 

contractor may submit in writing, or by 

electronic options (such as facsimile 

and Internet), if practicable, any 

question involving the interpretation of 

any provision of this part for 

consideration and decision to the 

Director, Office of Financial and Rate 

Approvals, for the Maritime Security 

Program, or Director, Office of Ship 

Financing, for the Maritime Loan 

Guarantee Program (Title XI), Maritime 

Administration, Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590. Appeals 

from such interpretation will be in 

accordance with the interpretation 

letter. 

(2) A contractor who has a question of 

financial accounting or reporting 

procedure pending before the Maritime 

Administration at the time a financial 

report is due shall file the report in 

accordance with established scheduled 

dates. The contractor shall include in 

the report a footnote disclosure that 

adequately describes the question 

pending, the manner of presentation in 

the report, and the relative impact on 

the balance sheet and income statement, 

respectively.

* * * * *

■ 3. Section 232.6 is amended by 

revising paragraphs (a) and (b) to read as 

follows:

§ 232.6 Financial report filing requirement. 

(a) Reporting Frequency and Due 

Dates. The contractor shall file a 

semiannual financial report and an 

annual financial report, in the format 

referred to in § 232.1(a)(2), which 

MARAD shall make available to the 

contractor. This Form MA–172 

(Revised) shall be prepared in 

accordance with generally accepted 

accounting principles and modified to 

the extent necessary to comply with this 

regulation. The annual financial report 

shall be reconciled to the financial 

statements audited by independent 

certified public accountants (CPAs) 

licensed to practice by a state or other 

political subdivision of the United 

States, or licensed public accountants 

licensed to practice by regulatory 

authority or other political subdivision 

of the United States on or before 

December 31, 1970. Both the annual and 

semiannual financial reports shall be 

due within 120 days after the close of 

the contractor’s annual or semiannual 

accounting period. If certified (CPA) 

statements are not available when 

required, company certified statements 

are to be submitted within the due 

dates, and the CPA statements shall be 

submitted as soon as available. The 

respondent may, in place of any 

Schedule(s) contained in the Form MA–

172, submit a schedule or schedules 

from its audited financial statements, or 

a computer print-out or schedule, 

consistent with the instructions 

provided in the MARAD formats. 

MARAD will accept electronic options 

(such as facsimile and Internet) for 

transmission of required information to 

MARAD, if practicable. 

(b) Certification. Annual and 

semiannual reports shall be approved by 

the Respondent and Official of 

Respondent whom MARAD may contact 

regarding the report in the reporting 

formats prescribed as the MA–172 

submission.

* * * * *

PART 281—INFORMATION AND 

PROCEDURE REQUIRED UNDER 

LINER OPERATING-DIFFERENTIAL 

SUBSIDY AGREEMENTS

■ 4. The authority citation for part 281 

continues to read as follows:

Authority: Sec. 204, 49 Stat. 1987, as 

amended; 46 U.S.C. 1114. Interpret or apply 

sec. 606, 49 Stat. 2004, as amended; 46 U.S.C. 

1176.

■ 5. Section 281.1 is amended by 

revising paragraph (f) to read as follows:

61450 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 

§ 281.1 Information and procedure 

required under liner operating-differential 

subsidy agreements.

* * * * *

(f) Current financial reports. Each 

operator shall prepare current financial 

reports as specified in this paragraph 

and shall submit one copy each to the 

appropriate Region Director of the 

Maritime Administration and three 

copies each to the Director, Office of 

Financial and Rate Approvals, Maritime 

Administration, Washington, DC 20590. 

MARAD will accept electronic options 

(such as facsimile and Internet) for 

transmission of required information to 

MARAD, if practicable. 

(1) Internal management reports. Each 

month the operator shall submit copies 

of such portions of its internal 

management reports that provide an 

estimate of its current operating results. 

(2) Quarterly balance sheets. The 

operator shall prepare balance sheets as 

of March 31, June 30, and September 30 

of each calendar year in conformity with 

section 282.6(A) of the Uniform System 

of Accounts (Part 282 of this chapter) 

and shall submit each as soon as 

practicable but not later than 45 days 

after the end of the respective quarter. 

(3) Quarterly and cumulative income 

statements. The operator shall prepare 

income statements for the quarterly 

periods January 1, to March 31, April 1 

to June 30, and July 1 to September 30, 

and for cumulative periods from January 

1 to the end of the second and third 

quarters of each calendar year in 

conformity with section 282.6(B) of the 

Uniform System of Accounts (Part 282 

of this chapter) and shall submit each 

statement as soon as practicable but not 

later than 45 days after the end of the 

respective quarter. 

(4) Annual financial report. The 

operator shall submit Maritime 

Administration Form 172 for each 

calendar year by March 31 of the 

succeeding year. If the operator is 

unable to submit Form 172 by March 31 

of the succeeding year he shall, prior to 

such March 31, request an extension for 

the filing of Form 172 from the Director, 

Office of Financial and Rate Approvals 

and shall submit by such March 31: 

(i) A balance sheet for the year ending 

on December 31, in conformity with 

section 282.6(A) of the Uniform Systems 

of Accounts; and 

(ii) An income statement for the 

quarterly period October 1 to December 

31 and an income statement for the year 

ending on December 31, in conformity 

with section 282.6(B) of the Uniform 

System of Accounts. 

(5) Vessel performance reports. Vessel 

performance reports shall be prepared 

for the period January 1 to March 31 of 

each calendar year, and from January 1 

to the end of each succeeding quarter of 

the calendar year, in the form provided 

in Exhibit A of paragraph (f)(7) of this 

section and consistent with the 

allocation bases provided in paragraph 

(f)(6) of this section and shall include: 

(i) A grand summary of all terminated 

voyage results for the reporting period 

including any idle status period 

occurring during the reporting period 

and any additional charges or credits 

from prior terminated periods; 

(ii) Summaries of each service by 

vessel type, as indicated in Exhibit (D) 

of paragraph (7) of this section, as of 

December 31 of each year; 

(iii) Individual reports by vessel for 

each idle status period occurring during 

any reporting period. 

(A) Vessel performance reports shall 

be submitted with the quarterly balance 

sheets and income statements required 

under paragraphs (f)(2) and (3) of this 

section and must be reconciled with 

voyage revenue and expense from all 

operations as reported in the income 

statement. 

(B) ‘‘Depreciation Vessels’’ is an 

example of a reconciling item. Vessel 

performance reports which are properly 

prepared and filed will satisfy the 

reporting requirements for subschedules 3002 of the Maritime 

Administration Form 172. 

(6) Allocation bases. The allocation 

bases to be applied in preparation of 

vessel performance reports required by 

paragraph (f)(5) of this section are as 

follows: 

(i) Terminal expenses. Terminal 

expenses defined by accounts 855 

through 866 of the Uniform System of 

Accounts (§ 282.3(E) of this chapter), 

including depreciation accounts, for 

each terminal shall be allocated between 

terminated and unterminated voyages 

on the basis of freight payable tons 

loaded and discharged on each vessel 

and voyage during the reporting period, 

except that in the case of terminals 

handling only one cargo carriage 

technology type (CCTT), which can be 

expressed in common units such as 

twenty-foot equivalent container units 

(TEU’s) or the number of individual 

barges, such common unit may be used 

for allocating terminal expenses by 

vessel and voyage for each terminal, as 

shown in Exhibit B of paragraph (f)(7) 

of this section. 

(ii) Container/barge expense—

(A) Allocation of expense. Container/

barge expense defined by accounts 867 

through 899 of the Uniform System of 

Accounts (§ 282.3(F) of this chapter), 

including depreciation accounts, shall 

be segregated between container and 

barge cost pools. Accounts 879, 880, and 

894 shall be allocated between container 

and barge cost pools on an allocation 

basis developed by the operator. 

(B) Allocation of cost pools. Container 

and barge cost pools shall be allocated 

among vessels by voyage and idle status 

for each vessel in the same ratio that the 

total container or barge capacity of each 

vessel multiplied by vessel days bears to 

the total container or barge capacity of 

the operator’s entire fleet multiplied by 

vessel days. Total container or barge 

capacity of a vessel means the total 

container or barge capacity of the vessel, 

expressed in TEU’s for containers and 

single units for barges, multiplied by the 

total number of containers or barges 

acquired for each available container or 

barge slot on the vessel. Vessel days 

means the number of days in the period 

for which an allocation of cost pools is 

being made. Containers and barges 

purchased by an operator for utilization 

in a particular trade route shall be 

allocated by vessel capacity among the 

vessels in the trade route for which they 

were purchased. See Exhibit C of 

paragraph (f)(7) of this section. 

(iii) Administrative and general 

expenses. Administrative and general 

expenses defined by accounts 901 

through 979 of the Uniform System of 

Accounts (§ 282.3(G) of this chapter) 

shall be allocated to terminated voyages 

for each vessel type by service or for 

each vessel by voyage, as required by 

paragraph (f)(5) of this section, based on 

the ratio that total terminated voyage 

operating expenses (accounts 701–773 

of the Uniform System of Accounts) 

plus total terminated voyage operating 

revenue (accounts 601–624 of the 

Uniform System of Accounts) for each 

bears to the total terminated voyage 

operating expense plus total terminated 

voyage operating revenue for the period, 

except that account 945 (advertising 

passengers) will be allocated directly to 

passenger vessels based on passengers 

carried, account 955 (contributions to 

pools) may be allocated as an 

administrative and general expense or 

directly to vessel and voyage based on 

pool statements, and that portion of 

accounts 960 and 961 (interest expense) 

representing interest on vessels shall be 

allocated to vessels and voyages in the 

same ratio that depreciation is 

distributed among all vessels in the 

fleet. In addition to the above 

exceptions, significant interest expenses 

related to purchases of containers and 

barges should be charged directly to 

container and barge pools prior to 

allocation of the container and barge 

pools.

(7) Exhibits.

Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 61451

1Exhibit A filed as part of the original document.

A. Vessel performance report.1

B. Sample allocation of terminal expenses by 

vessel and voyage. 

C. Sample allocation of container/barge 

expenses by vessel and voyage. 

D. Examples of vessel types currently 

operated.

* * * * *

PART 287—ESTABLISHMENT OF 

CONSTRUCTION RESERVE FUNDS

■ 6. The authority citation for part 287 

continues to read as follows:

Authority: Secs. 204, 511, 49 Stat. 1987, as 

amended, 54 Stat. 1106, as amended; 46 

U.S.C. 1114, 1161.

■ 7. Section 287.4 is amended by 

revising paragraph (a) to read as follows:

§ 287.4 Application to establish fund. 

(a) Any person claiming to be entitled 

to the benefits of section 511 of the Act 

may make application, in writing, to the 

Administration for permission to 

establish a construction reserve fund. 

The original application shall be 

executed and verified by the taxpayer, 

or if the taxpayer is a corporation, by 

one of its principal officers, in triplicate, 

and shall be accompanied by eight 

conformed copies when filed with the 

Administration. MARAD will accept 

electronic options (such as facsimile 

and Internet) for transmission of 

required information to MARAD, if 

practicable.

* * * * *

PART 295—MARITIME SECURITY 

PROGRAM (MSP)

■ 8. The authority citation for part 295 

continues to read as follows:

Authority: 46 App. U.S.C. 1171 et seq., 46 

App. U.S.C. 1114 (b), 49 CFR 1.66.

■ 9. Section 295.11 is amended by 

revising paragraph (b) introductory text 

to read as follows:

§ 295.11 Applications.

* * * * *

(b) Action by the Applicant. 

Applicants for MSP Payments shall 

submit information on the following 

(Note: MARAD will accept electronic 

options (such as facsimile and Internet) 

for transmission of required information 

to MARAD, if practicable):

* * * * *

■ 10. Section 295.23 is amended by 

revising the introductory text to read as 

follows:

§ 295.23 Reporting requirements. 

The Contractor shall submit to the 

Director, Office of Financial and Rate 

Approvals, Maritime Administration, 

400 Seventh St., SW., Washington, DC 

20590, one of the following reports, 

including management footnotes where 

necessary to make a fair financial 

presentation [Note: MARAD will accept 

electronic options (such as facsimile 

and Internet) for transmission of 

required information to MARAD, if 

practicable.]:

* * * * *

PART 298—OBLIGATION 

GUARANTEES

■ 11. The authority citation for part 298 

continues to read as follows:

Authority: 46 App. U.S.C. 1114(b), 1271 et 

seq.; 49 CFR 1.66.

■ 12. Section 298.3 is amended by 

revising paragraph (a)(1) to read as 

follows:

§ 298.3 Applications. 

(a) * * *

(1) Complete Form MA–163 and send 

it to the Secretary, Maritime 

Administration, U.S. Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590. [Note: 

MARAD will accept electronic options 

(such as facsimile and Internet) for 

transmission of required information 

(excluding closing documents and 

documents submitted in connection 

with defaults) to MARAD, if 

practicable.]

* * * * *

■ 13. Section 298.13 is amended by 

revising paragraph (c)(2) introductory 

text to read as follows:

§ 298.13 Financial requirements.

* * * * *

(c) * * *

(2) Financial Information. You must 

provide us with financial statements, 

prepared in accordance with U.S. 

generally accepted accounting 

principles (GAAP), and include notes 

that explain the basis for arriving at the 

figures except that for Eligible Export 

Vessels, your financial statements must 

be in accordance with GAAP if formed 

in the U.S., or reconciled to GAAP if 

formed in a foreign country unless a 

satisfactory justification is provided 

explaining the inability to reconcile. 

The financial statements must include 

the following [Note: MARAD will accept 

electronic options (such as facsimile 

and Internet) for transmission of 

required information to MARAD, if 

practicable.]:

* * * * *

PART 310—MERCHANT MARINE 

TRAINING

■ 14. The authority citation for part 310 

continues to read as follows:

Authority: 46 App. U.S.C. 1295; 49 CFR 

1.66.

■ 15. Section 310.57 is amended by 

revising paragraph (a) to read as follows:

§ 310.57 Application and selection of 

midshipmen. 

(a) Application. All candidates shall 

submit an application for admission to 

the Academy’s Admissions Office. 

Prospective candidates also should 

submit an application, but are not 

considered official candidates until 

their nominations are received. 

Candidates shall submit with their 

applications an official transcript and 

personality record from the candidate’s 

high school and, if applicable, such 

records from any school attended after 

high school graduation. Application 

forms are available upon request by 

writing to the Admissions Office at the 

Academy. MARAD will accept 

electronic options (such as facsimile 

and Internet) for transmission of only 

Part I of required information to 

MARAD, if practicable.

* * * * *

PART 355—REQUIREMENTS FOR 

ESTABLISHING UNITED STATES 

CITIZENSHIP

■ 16. The authority citation for part 355 

continues to read as follows:

Authority: Secs. 2, 204, 39 Stat. 729, as 

amended, 49 Stat. 1987, as amended, 73 Stat. 

597, 46 U.S.C. 802, 803, 1114, 11.

■ 17. Section 355.1 is amended by 

revising paragraphs (b) and (c) to read as 

follows:

§ 355.1 General.

* * * * *

(b) As used in this part, the term 

‘‘primary corporation’’ includes, but not 

exclusively, an applicant, for, or one 

already receiving, benefits under the 

Merchant Marine Act, 1936, as 

amended, as well as participants in 

certain transactions, such as banking 

institutions designated as lenders, 

mortgagees, and trustees pursuant to 

Public Law 89–346 (73 Stat. 597), as 

amended. 

(c) To satisfy the statutory 

requirements, an Affidavit of U.S. 

Citizenship of a primary corporation by 

one of its officers duly authorized to 

execute such Affidavit, should be 

submitted. This affidavit should contain 

facts from which the corporation’s 

citizenship can be determined. MARAD 

61452 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 

will accept electronic options (such as 

facsimile and Internet) for transmission 

of required information to MARAD, if 

practicable.

PART 380—PROCEDURES

■ 18. The authority citation for part 380 

continues to read as follows:

Authority: Sec. 204, 49 Stat. 1987, as 

amended; 46 U.S.C. 1114.

■ 19. Section 380.22 is amended by 

revising paragraphs (b) and (c) to read as 

follows:

§ 380.22 Responsibility.

* * * * *

(b) With respect to books, records, and 

accounts which, subject to the provision 

of paragraph (a) of this section, are to be 

disposed of upon the expiration of the 

minimum retention period prescribed 

herein, there shall be filed with the 

Records Officer, Maritime 

Administration, Washington, DC, 20590, 

a written notification, at least thirty (30) 

days prior to the contemplated, disposal 

requesting permission to dispose of 

records. MARAD will accept electronic 

options (such as facsimile and Internet) 

for transmission of required information 

to MARAD, if practicable. The request 

shall be in such form that the books, 

records, and accounts can be readily 

identified. Within thirty (30) days after 

receipt of such notification the Records 

Officer shall grant approval for disposal, 

or advise the necessity for continued 

retention of all or any specified portion 

thereof. Failure of the Record Officer to 

reply within the thirty (30) days period 

following receipt by the Administration 

of such request shall constitute 

approval. 

(c) Applications for special authority 

to dispose of certain books, records, and 

accounts prior to the expiration of 

prescribed minimum retention periods, 

and any inquiries as to the 

interpretation or applicability of this 

subpart to specific items shall be 

submitted to the Records Officer, 

Maritime Administration. MARAD will 

accept written or electronic options 

(such as facsimile and Internet) for 

transmission of required information to 

MARAD, if practicable. The applicant 

shall describe in detail the items to be 

disposed of and explain why continued 

retention is unnecessary.

■ 20. Section 380.23 is revised to read as 

follows:

§ 380.23 Supervision of records. 

(a) Contractors and others subject to 

the provisions of this subpart shall 

designate, through formal action, the 

official company position by title, the 

incumbent of which shall be responsible 

for supervision of its document 

retention and disposal program. 

Immediately upon designation of the 

position, a copy of the formal action and 

name of the incumbent shall be filed 

with the Records Officer, Maritime 

Administration. MARAD will accept 

written or electronic options (such as 

facsimile and Internet) for transmission 

of required information, if practicable. 

(b) The person in charge of the 

retention and disposal program shall 

maintain a record of all books, records, 

and accounts held in storage, and in 

such form that the items and their 

location are readily identifiable. A copy 

of the written, or by electronic options 

(such as facsimile and Internet), if 

practicable, notification requesting 

permission to dispose of any books, 

records, and accounts, and the original 

approval from the Administration, as 

required in § 380.22(b), together with a 

statement showing date, place and 

method of disposal will suffice as a 

record of such disposed items. These 

retention and disposal records shall be 

available at all times for inspection by 

Administration officials and auditors.

PART 390—CAPITAL CONSTRUCTION 

FUND

■ 21. The authority citation for part 390 

continues to read as follows:

Authority: Sections 204(b) and 607, 

Merchant Marine Act, 1936, as amended (46 

App. U.S.C. 1114(b) and 1177); 49 CFR 1.66.

■ 22. Section 390.2 is amended by 

revising paragraph (a)(1) to read as 

follows:

§ 390.2 Application for an agreement. 

(a) In general—(1) Application 

instructions. The Maritime 

Administrator has adopted instructions 

for making application for an agreement. 

These instructions are contained in 

appendix I to this part. MARAD will 

accept electronic options (such as 

facsimile and Internet) for transmission 

of required information to MARAD, if 

practicable.

* * * * *

By Order of the Maritime Administrator.

Dated: October 13, 2004. 

Joel C. Richard, 

Secretary, Maritime Administration.

[FR Doc. 04–23361 Filed 10–18–04; 8:45 am] 

BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION

Maritime Administration 

46 CFR Part 310

[Docket Number: MARAD–2004–17185] 

RIN 2133–AB66

Amended Service Obligation Reporting 

Requirements for U.S. Merchant 

Marine Academy Graduates

AGENCY: Maritime Administration, 

Department of Transportation.

ACTION: Final rule.

SUMMARY: In this final rule, the Maritime 

Administration (MARAD, we, us, or 

our) amends the service obligation 

reporting requirements for United States 

Merchant Marine Academy (USMMA) 

graduates. The new reporting 

requirements create standard reporting 

dates that coincide with the U.S. Naval 

Reserve/Merchant Marine Reserve 

(USNR/MMR) service reporting dates, 

which will make reporting to the USNR 

and to MARAD less burdensome. This 

final rule also corrects an error that 

appeared in the interim final rule that 

preceded this action, which mistakenly 

indicated that it applied to both 

USMMA graduates as well as to State 

maritime academy graduates. Finally, 

this rulemaking provides for the 

electronic submission of reports as the 

primary means of submission to 

MARAD.

DATES: This final rule is effective 

October 19, 2004.

ADDRESSES: This final rule is available 

for inspection and copying between 10 

a.m. and 5 p.m., ET, Monday through 

Friday, except Federal holidays at the 

Docket Clerk, U.S. DOT Dockets, Room 

PL–401, Department of Transportation, 

400 7th St., SW., Washington, DC 

20590. An electronic version of this 

document along with all documents 

entered into this docket are available on 

the World Wide Web at http://

dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. 

Brenda Reed-Perry, Compliance 

Specialist, Office of Policy and Plans, 

Maritime Administration, Department of 

Transportation, 400 7th St., SW., Room 

7123, Washington, DC 20590; telephone: 

(202) 366–0845; FAX: (202) 366–7403; 

and e-mail: 

maritime.graduate@marad.dot.gov.

SUPPLEMENTARY INFORMATION: On March 

2, 2004, MARAD published an interim 

final rule entitled Amended Service 

Obligation Reporting Requirements for 

U.S. Merchant Marine Academy and 

State Maritime Academy Graduates (69