4376 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Notices

hour rules (such as natural gas or

power company service vehicles).

If the FHWA extends the program

beyond the initial 15 days, each State

will submit a similar report within 5

days at the end of every 30-day

reporting period thereafter. Within 30

days of the conclusion of the program

(April 30, 1997), each State will compile

and report the results of the program to

the FHWA and include an overall

evaluation of the program.

VII. Final Evaluation of the Program

The NHS Act requires the FHWA to

conduct an evaluation at the conclusion

of the program. The principal objective

of the evaluation is to provide input to

a zero-base review of the need for, and

the cost and benefits of, the hours-ofservice regulations as they apply to

home heating oil delivery operations

during the winter months. The NHS Act

requires the FHWA to initiate a

rulemaking, based in part upon the

results of the program, to determine

whether to authorize State-granted

waivers of the hours-of-service

regulations to motor carriers

transporting home heating oil during the

winter months or to amend the hoursof-service regulations to provide

flexibility to motor carriers delivering

home heating oil during winter periods

of peak demand.

Authority: 49 U.S.C. 31136(e); National

Highway System Designation Act, Pub. L.

104–59, § 346, 109 Stat. 568, 615 (1995); 49

CFR 1.48.

Issued on: January 17, 1997.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 97–2089 Filed 1–28–97; 8:45 am]

BILLING CODE 4910–22–P

Maritime Administration

[Docket MSP–006/Docket S–942]

American President Lines; Notice of

Application for a Waiver Pursuant to

Section 804 of the Merchant Marine

Act, 1936, as Amended

American President Lines, Ltd. (APL),

by application received November 7,

1996, applied under Section 651,

Subtitle B, of the Act for participation

in the Maritime Security Program

(MSP). In support of its participation in

the MSP, APL by letter dated January

17, 1997 has applied for a waiver

pursuant to section 804 of the Merchant

Marine Act of 1936, as amended (Act).

On January 21, 1997, APL and

MARAD entered into MSP Operating

Agreements for nine vessels: APL

KOREA, APL PHILIPPINES, APL

SINGAPORE, APL THAILAND,

PRESIDENT ADAMS, PRESIDENT

JACKSON, PRESIDENT KENNEDY,

PRESIDENT POLK and PRESIDENT

TRUMAN. APL, in connection with the

MSA, was awarded ‘‘grandfather’’ rights

under section 804 for its six C–11

vessels: APL KOREA, APL

PHILIPPINES, APL SINGAPORE, APL

THAILAND, APL JAPAN, and APL

CHINA.

APL states that in its capacity both (I)

as a contractor under Subtitle A of Title

VI of the Act under existing Contract

No. MA/MSB 417 and (ii) as an awardee

of Operating Agreements and

prospective contractor under the new

Maritime Security Program established

by Subtitle B of Title VI of the Act, APL

requests a waiver of the provisions of

section 804 to allow APL (or any

holding company, subsidiary, affiliate or

associate of APL or any transferee of any

MSP Operating Agreement from APL to

own, operate and/or charter up to 18

foreign-flag vessels in line haul service

between the United States and foreign

ports in addition to the six such vessels

that the Maritime Administration

(MARAD) has determined that APL is

entitled to own, operate and/or charter

pursuant to section 804(f)(2)(A) of the

Act. The requested waiver is for the full

remaining term of APL’s ODS contract

and for the full term of APL’s MSP

Operating Agreements as well as any

subsequent renewals of any such

Operating Agreement.

APL asserts that grant of the requested

waiver is required for several reasons.

1. On the date of enactment of the

Maritime Security Act of 1996 (MSA),

APL moved cargo on 37 foreign-flag

vessels in line haul service between the

United States and foreign ports. Only

six of these vessels were owned and/or

operated by APL, viz., the six C–11 class

vessels which are the basis for

MARAD’s above-noted determination

that APL has an entitlement to six

vessels under section 804(f)(2)(A). For

historical reasons—including APL’s preexisting status as an ODS contractor

subject to section 804, under which

(prior to the amendments made by the

MSA) it was considerably more difficult

for a contractor to own and/or operate,

as opposed to charter space on, foreignflag vessels—APL’s interest in the other

31 foreign-flag line haul vessels on the

date of the MSA’s enactment was in the

form of space sharing and sailing

coordination agreements. Under such

agreements, APL chartered and utilized

large proportions of the slot capacity of

the 31 ships.

APL’s position is that it is entitled

under section 804(f)(2)(A) to at least 37

foreign-flag line haul vessels, based on

the six C–11s plus the 31 vessels subject

to space charter agreements. A list of the

37 foreign-flag vessels is provided as

follows:

Vessel name Flag

ALIGATOR BRAVERY Panama

ALIGATOR COLUMBUS.Panama

ALIGATOR STRENGTH Panama

ALIGATOR WISDOM ... Panama

OOCL SHANGHAI ....... Panama

OOCL AMERICA .......... Liberia

OOCL CALIFORNIA ..... Liberia

OOCL CHINA ............... Liberia

OOCL HONG KONG .... Liberia

OOCL JAPAN ............... Liberia

APL CHINA .................. Marshall Islands

APL JAPAN .................. Marshall Islands

APL KOREA ................. Marshall Islands

APL PHILIPPINES ....... Marshall Islands

APL SINGAPORE ........ Marshall Islands

APL THAILAND ............ Marshall Islands

ALIGATOR AMERICA .. Japan

ALLIGATOR GLORY .... Liberia

ALLIGATOR PRIDE ..... Liberia

ALLIGATOR VICTORY Panama

OOCL FAME ................ Liberia

OOCL FRONTIER ........ Great Britain

AGLE ANAHUAC ......... Liberia

TMM ACAPULCO ........ Germany

TMM CHETUMAL ........ Greece

TMM MANZANILLO ..... Greece

TMM SINALOA ............. Greece

TMM VERACRUZ ........ Liberia

ALLIGATOR INDEPENDENCE.Panama

ALIGATOR LIBERTY ... Japan

ALIGATOR RELIANCE Japan

ALLIGATOR TRIUMPH Liberia

NEDLLOYD DEJIMA .... Netherlands

NEDLLOYD DELFT ...... Netherlands

OOCL FAIR .................. Liberia

OOCL FIDELITY .......... Liberia

OOCL FORTUNE ......... Liberia

However, MARAD determined that,

with respect to the 31 vessels subject to

space charter arrangements, APL would

not be entitled to grandfather rights

under section 804(f)(2)(A). APL states

that, while it disagrees with this

determination, APL is willing to pursue

an alternative course—this waiver

application—to obtain the authorization

for foreign-flag line haul vessels that is

essential to APL’s success as an ODS

and MSP contractor. The requested

waiver for 18 vessels is equivalent to

half of the 31 vessels subject to space

sharing agreements, rounded up to 18 to

allow three six-vessel strings in

recognition of the operational need to

operate line haul vessels in strings

providing regular weekly port calls.

That number reflects the approximate

vessel equivalence of APL’s share of the

31 foreign flag line haul vessels on

which APL is a charterer.

In addition to the six ships

grandfathered under section 804(f)(2) of

rights recognized by MARAD based on
Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Notices 4377

the C–11s, the requested 18-vessel

waiver would give APL a right to own

and/or operate a total of 24 foreign-flag

line haul vessels calling on U.S. ports.

2. APL states that the central purpose

of the MSA and the MSP is to preserve

and advance a U.S.-flag commercial

fleet, not only by providing necessary

financial assistance for the operation of

U.S.-flag vessels, but also by allowing

the operators of such vessels the

flexibility to structure their overall fleet

and services to be responsive and

competitive in the world marketplace.

APL argues that Congress recognized

that, in order to achieve this purpose,

ODS and MSP contractors must be free

to utilize foreign-flag vessels in close

and efficient conjunction with their

U.S.-flag services, as evidenced by the

dramatic amendments made to section

804 by section 5 of the MSA. APL

maintains that Congress also clearly

intended that, in this respect among

others, the principal operators in the

U.S. foreign trades should be placed on

a level playing field.

As noted above, for historical reasons

that are unrelated to current economic

and competitive realities, APL argues it

has wound up, under MARAD’s

interpretation of section 804(f)(2)(A),

with much less flexibility to efficiently

structure its services than its major U.S.

and foreign competitors. According to

APL, grant of the requested waiver

would rectify this situation, and carry

out the intent of Congress in enacting

the MSA.

3. APL maintains that, to the extent

the section 804 concepts of ‘‘good

cause’’ and ‘‘special circumstances’’

may have any continuing substance

following the amendments made to that

section by the MSA, they are clearly

present here:

a. Grant of the request would be

mutually beneficial to APL as an MSP

contractor and the U.S. Merchant

Marine.

b. The number of vessels for which a

waiver is requested is fair, given that (I)

it is far fewer than the 31 foreign-flag

line haul vessels on which APL

chartered substantial space on the date

of enactment of the MSA, as discussed

above, and (ii) it achieves parity with

APL’s major MSP competitors.

c. Given the expansive authority to

operate foreign-flag line haul vessels

that MARAD has recognized for SeaLand and Maersk, there can be no claim

that the requested waiver would injure

either of those MSP contractors (or any

other MSP contractor) in any way.

Moreover, given the limitations imposed

on the MSP funding that is essential to

vessel operations under the U.S. flag,

there is no possibility that U.S.-flag

operations could be performed in lieu of

the foreign-flag authorities herein

sought.

4. Finally, given the importance of the

requested waiver to APL as a MSP

contractor, and the compelling reasons

for grant of a waiver explained above,

APL requests that MARAD act promptly

on this application.

The application may be inspected in

the Office of the Secretary, Maritime

Administration. Any person, firm or

corporation having any interest in the

application for waiver pursuant to

section 804, and desiring to submit

comments concerning APL’s request

must by 5:00 PM (5 working days after

the date of publication) file comments

in triplicate to the Secretary, Maritime

Administration, Room 7210, Nassif

Building, 400 Seventh Street, SW.,

Washington, D.C. 20590. This notice is

published as a matter of discretion. The

Maritime Administrator will consider

any comments submitted and take such

action with respect thereto as may be

deemed appropriate.

Dated: January 23, 1997.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 97–2084 Filed 1–28–97; 8:45 am]

BILLING CODE 4910–81–P

DEPARTMENT OF THE TREASURY

Domestic Finance; Community

Adjustment and Investment Program,

Advisory Committee Open Meeting

The Department of the Treasury,

pursuant to the North American Free

Trade Agreement (‘‘NAFTA’’)

Implementation Act (Pub. L. No. 103–

182), established an advisory committee

(the ‘‘Advisory Committee’’) for the

community adjustment and investment

program (the ‘‘Program’’). The Program

will provide financing to businesses and

individuals in communities adversely

impacted by NAFTA to create new jobs.

The charter of the Advisory Committee

has been filed in accordance with the

Federal Advisory Committee Act of

October 6, 1972 (Pub. L. No. 92–463),

with the approval of the Secretary of the

Treasury.

The Advisory Committee consists of

nine members of the public, appointed

by the President, who collectively

represent: (1) community groups whose

constituencies include low-income

families; (2) scientific, professional,

business, nonprofit, or public interest

organizations or associations, which are

neither affiliated with, nor under the

direction of, a government; and (3) forprofit business interests.

The objectives of the Advisory

Committee are to: (1) provide informed

advice to the President regarding the

implementation of the Program; and (2)

review on a regular basis, the operation

of the Program, and provide the

President with the conclusions of its

review. Pursuant to Executive Order No.

12916, dated May 13, 1994, the

President established an interagency

committee to implement the Program

and to receive, on behalf of the

President, advice of the Advisory

Committee. The committee is chaired by

the Secretary of the Treasury.

A meeting of the Advisory Committee,

which will be open to the public, will

be held in Albuquerque, New Mexico at

the Doubletree Hotel, Ballroom Salon

III, 201 Marquette Avenue, N.W.,

Albuquerque, New Mexico 87104, from

9 a.m. to 4 p.m. on Wednesday,

February 12, 1997. The meeting room

will accommodate approximately 50

persons and seating is available on a

first-come, first-serve basis, unless space

has been reserved in advance. Due to

limited seating, prospective attendees

are encouraged to contact the person

listed below prior to February 5, 1997.

If you would like to have the Advisory

Committee consider a written statement,

material must be submitted to the U.S.

Community Adjustment and Investment

Program, Advisory Committee,

Department of the Treasury, 1500

Pennsylvania Avenue, NW, Room 3040,

Washington, DC 20220 no later than

February 5, 1997. If you have any

questions, please call Dan Decena at

(202)622–0637. (Please note that this

telephone number is not toll-free.)

Mozelle W. Thompson,

Principal Deputy Assistant Secretary,

Government Financial Policy.

[FR Doc. 97–2187 Filed 1–28–97; 8:45 am]

BILLING CODE 4510–25–P

Internal Revenue Service

Proposed Collection; Comment

Request for Form 8281

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice and request for

comments.

SUMMARY: The Department of the

Treasury, as part of its continuing effort

to reduce paperwork and respondent

burden, invites the general public and

other Federal agencies to take this

opportunity to comment on proposed

and/or continuing information

collections, as required by the