Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations 49357 

communication that does not meet the 

following requirements or is not 

submitted within the required time 

limits. All communications from any 

party, CMS, or other affected nonparty, 

concerning a Board decision (or other 

reviewable action) that is being 

reviewed or may be reviewed by the 

Administrator must—’’

■ b. Last paragraph, lines 1 through 3, 

through the second column, first 

paragraph, lines 1 through 4, the 

paragraph ‘‘(ii) Written submissions 

regarding review submitted under 

paragraph (c)(4) of this section. The 

Administrator does not consider any 

communication that does not meet these 

requirements or is not submitted within 

the required time limits.’’ is corrected to 

read ‘‘(ii) Written submissions regarding 

review submitted under paragraph (c)(4) 

of this section.’’

■ 16. On page 30267, first column, sixth 

full paragraph, lines 2 and 3, the phrase 

‘‘revising the last sentence in each of 

paragraphs (c)(1) and (c)(2)’’ is corrected 

to read ‘‘removing the last two sentences 

in paragraphs (c)(1) and (c)(2) and 

adding one sentence in their place in 

paragraphs (c)(1) and (c)(2).’’

IV. Waiver of Proposed Rulemaking 

and 30-Day Delay in Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

We find it unnecessary to undertake 

notice and comment rulemaking 

because this notice merely provides 

typographical and technical corrections. 

The revisions do not represent changes 

in policy, nor do they have a substantive 

effect, and the public interest would be 

best served by timely correction of these 

technical and typographical errors. 

Therefore, we find good cause to waive 

notice and comment procedures. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

Because this correction notice does 

not make substantive changes to the 

final rule, and the public interest is 

served by quickly correcting these 

technical errors in order to improve the 

clarity of the regulation, we find good 

cause under section 553(d)(3) of the 

APA to waive the 30-day delay in 

effective date. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: August 15, 2008. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. E8–19295 Filed 8–20–08; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 315 

[Docket No. MARAD 2008 0076] 

RIN 2133–AB73 

U.S. Citizenship for Contracts on RRF 

Vessels 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: This rulemaking clarifies 

Maritime Administration regulations 

which require that Agents (including 

Ship Managers) for the National Defense 

Reserve Fleet (NDRF) appointed by the 

Maritime Administration be United 

States citizens. 

DATES: Effective August 21, 2008. 

FOR FURTHER INFORMATION CONTACT: Jay 

Gordon, Office of the Chief Counsel, at 

(202) 366–5173, via e-mail at 

Jay.Gordon@dot.gov, or by writing to: 

Jay Gordon, Office of the Chief Counsel, 

Maritime Administration, MAR–221, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Background 

This rulemaking clarifies title 46 CFR 

part 315.5, Appointment of an Agent, 

which requires that Agents (including 

Ship Managers) for the National Defense 

Reserve Fleet (NDRF) appointed by the 

Maritime Administration be United 

States citizens, as defined in § 315.3(b). 

This action is taken on the Maritime 

Administration’s initiative. 

Under existing authority, the 

Department of Defense (DOD) transfers 

vessels to the custody of the Maritime 

Administration for inclusion in the 

NDRF. Pursuant to that authority, eight 

Fast Sealift Ships (FSS) are being 

transferred from the Military Sealift 

Command (MSC) into the Ready Reserve 

Force (RRF) component of the NDRF, 

effective October 1, 2008. The eight FSS 

vessels are currently operated by Maersk 

Lines Limited (MLL) under contract 

with MSC. Under the terms of this 

transfer, MSC has delegated procuring 

contracting officer authority for the FSS 

contract to the Maritime 

Administration, which will provide 

oversight and direction for the 

remainder of the contract. Since the 

transferred vessels are being maintained 

and operated under a contract awarded 

by another federal agency, 

administration of that contract does not 

constitute the appointment of an Agent 

by the Maritime Administration under 

46 CFR part 315.5. 

This regulation clarifies the limited 

duration of performance under such 

contracts. 

Program Description 

In this rulemaking, the Maritime 

Administration is clarifying the U.S. 

citizenship requirements for certain 

contacts between the owners of vessels 

in the RRF program of the NDRF and the 

Maritime Administration, by the 

addition of a new section to 46 CFR part 

315. 

Rulemaking Analyses and Notices 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This rulemaking is not significant 

under section 3(f) of Executive Order 

12866, and as a consequence, OMB did 

not review the rule. This rulemaking is 

also not significant under the Regulatory 

Policies and Procedures of the 

Department of Transportation (44 FR 

11034; February 26, 1979). It is also not 

considered a major rule for purposes of 

Congressional review under Public Law 

104–121. We believe that the economic 

impact of this rulemaking does not 

warrant the preparation of a full 

regulatory evaluation since the 

rulemaking clarifies existing regulations 

set forth in 46 CFR part 315. 

Executive Order 13132 

We analyzed this rulemaking 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. The 

regulations herein have no substantial 


sroberts on PROD1PC70 with RULES
49358 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations 

effects on the States, the current 

Federal-State relationship, or the 

current distribution of power and 

responsibilities among local officials. 

Therefore, we did not consult with State 

and local officials because it was not 

necessary. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires us to assess the impact that 

regulations will have on small entities. 

After analysis of this proposed rule, the 

Maritime Administrator certifies that 

this proposed rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Environmental Assessment 

We have analyzed this rule for 

purposes of compliance with the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321 et seq.) 

and we have concluded that, under the 

categorical exclusions provision 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 rulemaking is 

required. This rulemaking will not 

result in any impact on the 

environment. 

Paperwork Reduction Act 

This rule does not establish a new 

requirement for the collection of 

information. Thus, the Office of 

Management and Budget (OMB) will not 

be requested to review and approve the 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501, et seq.). 

Unfunded Mandates Reform Act 

This rulemaking does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of $100 

million or more to either State, local, or 

tribal governments, in the aggregate, or 

to the private sector, and is the least 

burdensome alternative that achieves 

this objective of U.S. policy. Department 

of Transportation guidance requires the 

use of a revised threshold figure of 

$136.1 million, which is the value of 

$100 million in 2008 after adjusting for 

inflation. 

Consultation and Coordination With 

Indian Tribal Governments 

Executive Order 13175—Consultation 

and Coordination with Indian Tribal 

Governments, dated November 6, 2000, 

seeks to establish regular and 

meaningful consultation and 

collaboration with tribal officials in the 

development of Federal policies that 

have tribal implications, to strengthen 

the United States government-togovernment relationships with Indian 

tribes, and to reduce the imposition of 

unfunded mandates upon Indian tribes. 

Executive Order 13175 does not apply 

to this regulation as it does not affect, 

directly or indirectly, Indian tribes. 

Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

Privacy Act 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(Volume 65, Number 70; Pages 19477–

19478) or you may visit 

www.regulations.gov. 

List of Subjects in 46 CFR Part 315 

Government contracts, National 

defense, Vessels. 

■ Accordingly, the Maritime 

Administration amends 46 CFR part 315 

as follows: 

PART 315—AGENCY AGREEMENTS 

AND APPOINTMENT OF AGENTS 

■ 1. The authority citation for part 315 

continues to read as follows: 

Authority: 50 U.S.C. App. 1744; 49 CFR 

1.66. 

■ 2. Section 315.6 is added to read as 

follows: 

§ 315.6 Transferred vessels and contracts. 

The requirements of § 315.5(a)(1) shall 

not apply to a contractor managing 

vessels owned by the United States 

under a contract or contracts previously 

awarded by another Federal agency if 

the contract, and the vessels managed 

under such contract, are subsequently 

transferred to the Maritime 

Administration, provided the period of 

performance of the transferred contract 

does not exceed the period of 

performance of the original contract, 

including options. 

By order of the Maritime Administrator. 

Dated: August 14, 2008. 

Leonard Sutter, 

Secretary, Maritime Administration. 

[FR Doc. E8–19255 Filed 8–20–08; 8:45 am] 

BILLING CODE 4910–81–P 


sroberts on PROD1PC70 with RULES