[Federal Register Volume 62, Number 145 (Tuesday, July 29, 1997)]
[Proposed Rules]
[Page 40494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19843]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 384

[Docket No. R-166]
RIN 2133-AB26


Criteria for Granting Waivers of Requirement for Exclusive U.S.-
Flag Carriage of Certain Export Cargoes

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Withdrawal of advance notice of proposed rulemaking.

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SUMMARY: The Maritime Administration (MARAD) is withdrawing its 
rulemaking, initiated through an advance notice of proposed rulemaking 
(ANPRM) published on October 28, 1996, soliciting public comment on 
whether it should amend its existing criteria and methodologies for 
granting waivers of the requirement for U.S.-flag vessel carriage of 
cargo covered by Public Resolution 17 (PR17), 33rd Congress. In 
administering this law, MARAD has been following a policy for granting 
waivers which was published in 1959.

FOR FURTHER INFORMATION CONTACT: Murray Bloom, Chief, Division of 
Maritime Assistance Programs, Office of the Chief Counsel, Telephone 
(202) 366-5320.

SUPPLEMENTARY INFORMATION: On October 28, 1996, MARAD published an 
ANPRM (61 FR 55614) setting forth its policy for granting waivers of 
the requirement for exclusive U.S.-flag carriage of certain cargo 
covered by PR17 (46 App U.S.C. 1241-1), soliciting public comment on 
whether it should amend its criteria that have been in effect since 
1959, and if so, how the criteria should be changed. In a subsequent 
notice published on December 24, 1996 (61 FR 67764), MARAD extended the 
original 60 day comment period for 45 days, and posed 12 questions 
involving whether MARAD should actually issue a rule that states the 
objectives and the procedures that will guide the waiver process, as 
well as the merits, respectively, of various specified procedures. 
After the receipt and careful review of comments, MARAD held a public 
forum on May 29, 1997, which allowed interested parties to present oral 
and written comments to MARAD and officials of the Export-Import Bank 
of the United States, which administers a program granting credits 
(loans) with respect to agricultural or other U.S. products for export, 
that is within the scope of PR17.
    Based on the positions enunciated by ocean carriers and shippers 
with divergent interests, MARAD concluded, with the concurrence of the 
Export-Import Bank, that the promulgation of discrete regulations of 
general applicability is not feasible. Therefore, MARAD will continue 
to grant waivers through case-by-case determinations. Accordingly, on 
July 2,1997, MARAD published (62 FR 35881) a revised policy statement 
that applies to credits of the Export-Import Bank.

    Dated: July 23, 1997.

    By Order of the Acting Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 97-19843 Filed 7-28-97; 8:45 am]
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