51692 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 

vehicle.’’ Mr. Quastad reported that he 

has driven straight trucks for 28 years, 

accumulating 560,000 miles and tractortrailer combinations for 24 years, 

accumulating 600,000 miles. He holds a 

Class A CDL from Iowa. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

John E. Rains 

Mr. Rains, 41, has had amblyopia in 

his left eye since childhood. The best 

corrected visual acuity in his right is eye 

is 20/15 and in the left, 20/80. 

Following an examination in 2008 his 

ophthalmologist noted, ‘‘In my opinion, 

Mr. Rains has sufficient vision to 

perform driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Rains reported that he has driven 

straight trucks for 19 years, 

accumulating 380,000 miles. He holds 

an operator’s license from Washington. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

James D. St. Peter 

Mr. St. Peter, 43, has had optic nerve 

atrophy in his right eye since birth. The 

best corrected visual acuity in his right 

eye is 20/100 and in the left, 20/20. 

Following an examination in 2008, his 

optometrist noted, ‘‘Yes, I certify that 

James St. Peter has sufficient vision to 

operate and do tasks of driving a 

commercial vehicle on the highway.’’

Mr. St. Peter reported that he has driven 

straight trucks for 10 years, 

accumulating 300,000 miles and tractortrailer combinations for 8 years, 

accumulating 307,200 miles. He holds a 

Class A CDL from North Carolina. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Michael Sutton 

Mr. Sutton, 50, has loss of vision in 

his right eye due to a traumatic injury 

sustained in 1981. The visual acuity in 

his right is eye is 20/400 and in the left, 

20/25. Following an examination in 

2008 his optometrist noted, ‘‘In my 

medical opinion, you do have sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Sutton reported that he 

has driven straight trucks for 18 years, 

accumulating 225,000 miles. He holds a 

Class D operator’s license from 

Alabama. His driving record for the last 

3 years shows one crash, for which he 

was not cited, and no convictions for 

moving violations in a CMV. 

Sylvester Silver 

Mr. Silver, 53, has a prosthetic left eye 

due to a traumatic injury sustained as a 

child. The visual acuity in his right eye 

is 20/20. Following an examination in 

2008, his optometrist noted, ‘‘Mr. 

Silver’s current ocular health and visual 

fields is excellent. His present visual 

status is sufficient to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Silver 

reported that he has driven buses for 18 

years, accumulating 1.2 million miles. 

He holds a Class B CDL from Virginia. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Wade D. Taylor 

Mr. Taylor, 46, has a prosthetic left 

eye. The best corrected visual acuity in 

his right eye is 20/20. Following an 

examination in 2008, his optometrist 

noted, ‘‘At this time, I have educated 

Mr. Taylor of the findings of today’s 

exam and have found that his vision is 

sufficient to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Taylor reported that he 

has driven straight trucks for 3 years, 

accumulating 84,000 miles. He holds a 

Class E operator’s license from Missouri. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

William R. Thomas 

Mr. Thomas, 57, has loss of vision in 

his left eye due to a traumatic injury 

sustained as a child. The best corrected 

visual acuity in his right eye is 20/20 

and in the left, 20/400. Following an 

examination in 2008, his 

ophthalmologist noted, ‘‘Therefore, in 

my medical opinion since this patient 

has been driving for so long and has had 

this degree of vision at a stable fashion 

since he has been a child I do feel that 

he does apparently have sufficient 

vision to perform driving tasks required 

to operate a commercial vehicle.’’ Mr. 

Thomas reported that he has driven 

straight trucks for 26 years, 

accumulating 1 million miles. He holds 

a Class A CDL from Mississippi. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Terrence L. Trautman 

Mr. Trautman, 58, has had amblyopia 

in his right eye since childhood. The 

visual acuity in his right eye is 20/400 

and in the left, 20/20. Following an 

examination in 2008, his optometrist 

noted, ‘‘I certify that he has sufficient 

vision to perform driving tasks required 

to operate a commercial vehicle.’’ Mr. 

Trautman reported that he has driven 

straight trucks for 35 years, 

accumulating 350,000 miles. He holds a 

Class A CDL from Washington. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

David Vallier 

Mr. Vallier, 46, has had alternating 

exotropia in his eyes since birth. The 

best corrected visual acuity in his right 

eye is 20/20 and in the left, 20/20. 

Following an examination in 2008, his 

optometrist noted, ‘‘Has sufficient 

vision to operate a commercial vehicle.’’

Mr. Vallier reported that he has driven 

straight trucks for 20 years, 

accumulating 3.1 million miles and 

tractor-trailer combinations for 15 years, 

accumulating 1.5 million miles. He 

holds a Class A CDL from Louisiana. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. The Agency will consider all 

comments received before the close of 

business October 6, 2008. Comments 

will be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

Agency will file comments received 

after the comment closing date in the 

public docket, and will consider them to 

the extent practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should monitor the public 

docket for new material. 

Issued on: August 27, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–20510 Filed 9–3–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket Number: MARAD–2008–0083] 

Final Text of the Voluntary Tanker 

Agreement 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice of Publication of Final 

Text of the Voluntary Tanker 

Agreement. 


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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 51693 

SUMMARY: The Maritime Administration 

announces the publication below of the 

final text of its Voluntary Tanker 

Agreement (VTA). The Agreement 

below replaces a prior version that was 

last published in Volume 48 of the 

Federal Register at page 38715 (August 

25, 1983) and is issued in accordance 

with the provisions of 44 CFR 332. The 

proposed text of the VTA was initially 

published in Volume 72 of the Federal 

Register at page 41099 (July 26, 2007). 

Thereafter, a public hearing on the 

proposed text of the VTA was held on 

August 29, 2007, at the U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. No 

comments requesting changes to the 

proposed text were received. 

Consequently, the final text is 

unchanged from the text considered at 

the public hearing. 

The Department of Justice has issued 

a finding that the VTA as published 

below satisfies the statutory criteria of 

the Defense Production Act [50 U.S.C. 

App. Section 2158(f)(1)(B)] required for 

its creation. See Volume 73 of the 

Federal Register at page 46335 (August 

8, 2008). 

FOR FURTHER INFORMATION CONTACT: 

Tanker owners/operators that wish to 

participate in the VTA may request an 

enrollment package from Thomas 

Christensen, Director Office of 

Emergency Preparedness, Room W23–

304, Maritime Administration, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, (202) 366–5909, 

tom.christensen@dot.gov. The 

enrollment package may also be found 

on the Maritime Administration Web 

site, http://www.marad.dot.gov, under 

‘‘Ships & Shipping’’ and ‘‘Voluntary 

Tanker Agreement.’’

SUPPLEMENTARY INFORMATION: 

Text of the Voluntary Tanker 

Agreement 

Table of Contents 

Preface 

I. Purpose 

II. Authorities 

A. Maritime Administration 

B. U.S. Transportation Command 

III. General 

A. Participation 

B. Effective Date and Duration of 

Participation 

C. Withdrawal from the Agreement 

D. Rules and Regulations 

E. Amendment of the Agreement 

F. Administrative Expenses 

G. Recordkeeping 

H. Requisition of Ships of Non-Participants 

I. Jones Act Waivers 

J. Temporary Replacement Vessel 

IV. Antitrust Defense 

V. Terms and Conditions 

A. Agreement by Participants 

B. Proportionate Contribution of Capacity 

C. Reports of Controlled Tonnage 

D. Freight Rates under the Agreement 

E. War Risk Insurance 

VI. Activation of Agreement 

A. Determination of Necessity 

B. Tanker Requirements Committee 

C. Tanker Charters 

D. Termination of Charters under the 

Agreement 

VII. Application and Agreement 

Preface 

Pursuant to the authority contained in 

Section 708, Defense Production Act of 

1950 as amended (50 App. U.S.C. 2158) 

the Maritime Administrator (‘‘the 

Administrator’’), after consultation with 

the Department of Defense (DoD) and 

representatives of the tanker industry, 

has developed this Voluntary Tanker 

Agreement. The Agreement establishes 

the terms, conditions and procedures 

under which Participants agree 

voluntarily to make tankers available to 

DoD. The Agreement further affords 

Participants defenses to civil and 

criminal actions for violations of 

antitrust laws when carrying out the 

Agreement. The Agreement is designed 

to create a close working relationship 

among the Administrator, the 

Commander of U.S. Transportation 

Command (the DoD-designated 

representative for purposes of this 

Agreement) and the Participants 

through which DoD requirements and 

the needs of the civil economy can be 

met through cooperative action. The 

Agreement affords Participants 

flexibility to respond to defense 

requirements and adjust their 

commercial operations to minimize 

disruption whenever possible. 

The Secretary of Defense (SecDef) has 

approved this Agreement as an 

Emergency Preparedness Program (EPP) 

pursuant to 46 U.S.C. 53107. 

This is a replacement for the 

Agreement as it first appeared in 

Volume 48 of the Federal Register at 

page 38715 (August 25, 1983). Because 

this replacement contains new 

substantive provisions, those wishing to 

participate in the Agreement should 

submit new applications. 

Voluntary Tanker Agreement 

I. Purpose 

The Administrator has determined, in 

accordance with Section 708(c)(1) of the 

Defense Production Act of 1950 (DPA), 

that conditions exist which may pose a 

direct threat to the national defense of 

the United States or its preparedness 

programs and, under the provisions of 

Section 708, has certified to the 

Attorney General that a standby 

agreement for the utilization of tanker 

capacity is necessary for the national 

defense. The Attorney General, in 

consultation with the Chairman of the 

Federal Trade Commission, has issued a 

finding that tanker capacity to meet 

national defense requirements cannot be 

provided by the industry through a 

voluntary agreement having less 

anticompetitive effects or without a 

voluntary agreement. 

The purpose of the Agreement is to 

provide a responsive transition from 

peace to contingency operations through 

procedures agreed in advance to provide 

tanker capacity to support DoD 

contingency requirements. The 

Agreement establishes procedures for 

the commitment of tanker capacity to 

satisfy such requirements. The 

Agreement is intended to promote and 

facilitate DoD’s use of existing 

commercial tanker resources in a 

manner which minimizes disruption to 

commercial operations whenever 

possible. 

The Agreement will change from 

standby to active status upon activation 

by appropriate authority as described in 

Section VI. 

II. Authorities 

A. Maritime Administration (MARAD) 

1. Sections 101 and 708, DPA (50 

App. U.S.C. 2158); E.O. 12919, 59 FR 

29525 (June 7, 1994); E.O. 12148, 3 CFR 

1979 Comp., p. 412, as amended; 46 

CFR Part 340; DOT Order 1900.9. 

2. Section 501 of E.O.12919, as 

amended, delegated the authority of the 

President under Section 708 of the DPA 

to the Secretary of Transportation 

(SecTrans), among others. SecTrans 

delegated to the Administrator the 

authority under which the Voluntary 

Tanker Agreement is sponsored in DOT 

Order 1900.9. 

B. U.S. Transportation Command 

(USTRANSCOM) 

1. Section 113 and Chapter 6 of Title 

10 of the United States Code. 

2. DoD Directive 5158.4 designating 

Commander USTRANSCOM to provide 

air, land, and sea transportation for the 

DoD. 

III. General 

A. Participation 

1. Tanker operators of vessels greater 

than 20,000 deadweight tons may 

become Participants in this Agreement 

by submitting an executed copy of the 

form specified in Section VII of this 

Agreement. 

2. Owners and operators of Integrated 

Tug-Barges (ITBs) and Articulated TugBarges (ATBs) greater than 20,000 


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deadweight tons (DWT) may become 

Participants in this Agreement. 

3. For the purposes of this Agreement, 

‘‘Participant’’ includes the corporate 

entity entering into this Agreement and 

all United States subsidiaries and 

affiliates of that entity which own or 

operate ships in the course of their 

regular business and in which that 

entity has more than fifty (50) percent 

control either by stock ownership or 

otherwise. 

4. Vessels of a Participant subject to 

the provisions of this Agreement shall 

not be subject to the provisions of any 

other DoD Sealift Readiness Program 

(SRP). 

5. A list of Participants will be 

published annually in the Federal 

Register. 

B. Effective Date and Duration of 

Participation 

Participation in this Agreement is 

effective upon execution of the 

application form by the Participant and 

the Administrator or their authorized 

designees and remains in effect until 

terminated in accordance with 44 CFR 

332.4. 

C. Withdrawal From the Agreement 

Participants may withdraw from this 

Agreement subject to the fulfillment of 

obligations incurred under the 

Agreement prior to the date such 

withdrawal becomes effective, by giving 

written notice to the Administrator. 

Withdrawal from this Agreement will 

not deprive a Participant of an antitrust 

defense otherwise available to it in 

accordance with DPA Section 708 for 

the fulfillment of obligations incurred 

prior to withdrawal. A Participant 

otherwise subject to the DoD SRP that 

voluntarily withdraws from this 

Agreement will become subject again to 

the DoD SRP. 

D. Rules and Regulations 

Participants acknowledge and agree to 

abide by all provisions of Section 708, 

DPA, as amended (50 App. U.S.C. 2158), 

and regulations related thereto which 

are promulgated by the SecTrans, the 

Attorney General, and the Chairman of 

the Federal Trade Commission. 

Standards and procedures pertaining to 

voluntary agreements have been 

promulgated in 44 CFR Part 332. The 

Administrator shall inform Participants 

of new rules and regulations as they are 

issued. 

E. Amendment of the Agreement 

1. The Attorney General may modify 

this Agreement, in writing, after 

consultation with the Chairman of the 

Federal Trade Commission, SecTrans, 

through her representative MARAD, and 

SecDef, through his representative, 

Commander USTRANSCOM. The 

Administrator, Commander 

USTRANSCOM and Participants may 

modify this Agreement at any time by 

mutual agreement, but only in writing 

with the approval of the Attorney 

General and the Chairman of the Federal 

Trade Commission. 

2. A Participant may propose 

amendments to the Agreement at any 

time. 

F. Administrative Expenses 

Administrative and out-of-pocket 

expenses incurred by Participants shall 

be borne solely by participants. 

G. Record Keeping 

1. MARAD and the DoD have primary 

responsibility for maintaining records in 

accordance with 44 CFR Part 332. 

2. The Director, Office of Emergency 

Preparedness, MARAD, shall be the 

official custodian of records related to 

the carrying out of this Agreement, 

except records of direct dealings 

between the DoD and Participants. 

3. For direct dealings between the 

DoD and Participants, the designee of 

the SecDef shall be the official 

custodian of the record but the Director 

of the Office of Emergency 

Preparedness, MARAD shall have 

complete access thereto. 

4. In accordance with 44 CFR 

332.3(d), each Participant shall maintain 

for five years all minutes of meetings, 

transcripts, records, documents, and 

other data, including any 

communications with other Participants 

or with any other member of the 

industry, related to the carrying out of 

this Agreement. Each Participant agrees 

to make available to the Administrator, 

the Commander USTRANSCOM, the 

Attorney General, the Director of the 

Federal Emergency Management 

Agency, and the Chairman of the 

Federal Trade Commission for 

inspection and copying at reasonable 

times and upon reasonable notice any 

item that this section requires the 

Participant to maintain. Any record 

maintained under this subsection shall 

be available for public inspection and 

copying, unless exempted on the 

grounds specified in 5 U.S.C. 552(b)(1) 

and (3) or identified as privileged and 

confidential information in accordance 

with Section 705(e) of the DPA, as 

amended, and 94 CFR Part 332. 

H. Requisition of Ships of NonParticipants 

The Administrator upon presidential 

authorization may requisition ships of 

non-Participants to supplement capacity 

made available for defense operations 

under this Agreement and to balance the 

economic burden of defense support 

among companies operating in U.S. 

trade. Non-Participant owners of 

requisitioned tankers will not 

participate in the Tanker Requirements 

Committee and will not enjoy the 

immunities provided by this Agreement. 

I. Jones Act Waivers 

In situations where the activation of 

the Agreement deprives a Participant of 

all or a portion of its Jones Act tonnage 

and, at the same time, creates a general 

shortage of Jones Act tonnage on the 

market, the Administrator may request 

that the Assistant Commissioner, Office 

of Regulations and rulings, U. S. 

Customs and Border Protection, 

Department of Homeland Security grant 

a temporary waiver of the provisions of 

the Jones Act to permit a Participant to 

charter or otherwise utilize non-Jones 

Act tonnage. The tonnage for which 

such waivers are requested will be 

approximately equal to the Jones Act 

tonnage chartered to the DoD and any 

waiver that may be granted will be 

effective for the period that the Jones 

Act tonnage is on charter to the DoD 

plus a reasonable time for termination of 

the replacement tonnage charters as 

determined by the Administrator. 

J. Temporary Replacement Vessel 

Notwithstanding 10 U.S.C. 2631, 46 

U.S.C. 55304 (formerly Public 

Resolution 17), 46 U.S.C. 55302, 55305, 

55312 or 55314 (formerly Sections 

901(a), 901(b), and 901b of the Merchant 

Marine Act, 1936), or any other cargo 

preference law of the United States—

1. A Participant may operate or 

employ in foreign commerce a foreignflag vessel or foreign-flag vessel capacity 

as a temporary replacement for a United 

States-documented vessel or United 

States-documented vessel capacity that 

is activated by the SecDef under an 

Emergency Preparedness Agreement or 

under a primary DoD-approved SRP; 

and 

2. Such replacement vessel or vessel 

capacity shall be eligible during the 

replacement period to transport 

preference cargoes subject to 10 U.S.C. 

2631, 46 U.S.C. 55304 (formerly Public 

Resolution 17), and 46 U.S.C. 55302, 

55305, 55312 or 55314 (formerly 

Sections 901(a), 901(b), and 901b of the 

Merchant Marine Act, 1936) to the same 

extent as the eligibility of the vessel or 

vessel capacity replaced. 

IV. Antitrust Defense 

Under the provisions of Subsection 

708(j), DPA, as amended (50 App. 

U.S.C. 2158(j)), each Participant in this 


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Agreement shall have available as a 

defense to any civil or criminal action 

brought for violation of the antitrust 

laws, with respect to any act or 

omission to act to develop or carry out 

this Agreement, that such act or 

omission to act was taken in good faith 

by the Participant in the course of 

developing or carrying out this 

Agreement and that the Participant fully 

complied with the provisions of the Act, 

and the rules promulgated thereunder, 

and acted in accordance with the terms 

of this Agreement. This defense shall 

not be available to the Participant for 

any act or omission occurring after the 

termination of this Agreement, nor shall 

it be available, upon the modification of 

this Agreement, with respect to any 

subsequent act or omission that is 

beyond the scope of the modified 

Agreement, except that no such 

termination or modification will be 

accomplished in a way that will deprive 

Participants of antitrust defense for the 

fulfillment of obligations incurred. This 

defense shall be available only if and to 

the extent that the Participants asserting 

it demonstrate that the action, which 

includes a discussion or agreement, was 

within the scope of the Agreement. The 

person asserting the defense bears the 

burden of proof. The defense shall not 

be available if the person against whom 

it is asserted shows that the action was 

taken for the purpose of violating the 

antitrust laws. 

V. Terms and Conditions 

A. Agreement by Participants 

1. Each Participant agrees to 

contribute tanker capacity as requested 

by the Administrator in accordance with 

Section V. B. below, at such times and 

in such amounts as the Administrator, 

as requested by DoD, shall determine to 

be necessary to meet the essential needs 

of the DoD for the transportation of DoD 

MILSPEC petroleum and petroleum 

products in bulk by sea. 

2. Each Participant further agrees to 

make tankers and tanker capacity 

available to other Participants when 

requested by the Administrator, on the 

advice of the Tanker Requirements 

Committee, in order to ensure that 

contributions to meet DoD requirements 

are made on a proportionate basis 

whenever possible or to ensure that no 

participating tanker operator is 

disproportionately hampered in meeting 

the needs of the civil economy in 

accordance with priorities established 

by authority of the President. 

B. Proportionate Contribution of 

Capacity 

1. Any entity receiving payments 

under the Maritime Security Program 

(MSP) pursuant to the Maritime 

Security Act of 2003 (MSA 2003) (Pub. 

L. 108–136) shall become a Participant 

with respect to all tankers enrolled in 

the MSP at all times until the date the 

MSP operating agreement would have 

terminated according to its original 

terms. Such participation will satisfy 

the requirement for an MSP participant 

to be enrolled in an emergency 

preparedness program approved by 

SecDef as provided in 46 U.S.C. 53107. 

2. Participants hereto not receiving 

MSP payments pursuant to MSA 2003 

agree to contribute tanker capacity 

under the Agreement in the proportion 

that its ‘‘controlled tonnage’’ bears to 

the total ‘‘controlled tonnage’’ of all 

Participants. Because exact proportions 

may not be feasible, each Participant 

agrees that variances are permissible at 

the discretion of the Administrator. 

3. Clean tankers and clean tonnage 

shall mean tankers inspected and 

approved by DESC Quality 

Representatives, capable of meeting DoD 

quality standards, and able to carry 

refined MILSPEC petroleum products. 

a. Chemical tankers and tankers in 

dirty trade may contribute clean tanker 

capacity only after being certified as 

being able to meet DoD quality 

standards to carry refined MILSPEC 

petroleum products. 

4. ‘‘Controlled tonnage’’ shall mean 

tankers, including ITBs and ATBs of 

over 20,000 DWT capacity and present 

military usefulness in the transportation 

of refined DoD cargoes pursuant to the 

requirements of associated warplans: 

a. In which, as of the effective date of 

the activation of this Agreement, the 

Participant or any of its U.S. 

subsidiaries or affiliates has a 

controlling interest and which are 

registered in any of the following 

countries: The United States, Liberia, 

Panama, Honduras, the Bahamas, or the 

Marshall Islands; PLUS 

b. Ships which are on charter or 

under contract to such Participant for a 

period of six (6) months or more from 

the effective date of activation of the 

Agreement, regardless of flag of registry, 

exclusive of tonnage available to the 

Participant under contracts of 

affreightment and consecutive voyage 

charter; provided that, in the event an 

owner of a vessel terminates a time 

charter in accordance with a war clause, 

the affected tonnage will be excluded 

from the chartering Participant’s 

controlled tonnage; PLUS 

c. Any other non-U.S.-flag tonnage 

which a Participant may offer to 

designate as ‘‘controlled tonnage’’ and 

which the Tanker Requirements 

Committee accepts; MINUS 

d. Tankers described in 

subparagraphs, a. and b. which are 

chartered out or under contract to others 

for a remaining period of six (6) months 

or more from the effective date of 

activation of this Agreement: MINUS 

e. Certain vessels which are fitted 

with special gear and are on permanent 

station for the storage of crude oil from 

a production platform and vessels 

which may have a dual role of 

production storage and transportation 

use to a limited location. 

5. This Agreement shall not be 

deemed to commit any vessel with 

respect to which the law of the country 

of registration requires the approval of 

the government before entering into this 

Agreement of furnishing such vessel 

under the terms of this Agreement until 

such time as the required approval has 

been obtained. 

6. The obligations of Participants to 

contribute clean capacity under the 

Agreement shall be calculated on a 

proportionate basis wherever possible 

among the Participants by the Tanker 

Requirements Committee. 

7. A vessel on charter to a Participant 

shall not be subject to a relet to the DoD 

in the case where the period of the relet 

would be longer than the term of the 

Participant’s incharter or in the case 

where the relet would otherwise breach 

the terms of the incharter, but such 

tonnage shall be included in the 

calculation of the Participant’s 

‘‘controlled tonnage’’. 

8. The Administrator retains the right 

under law to requisition ships of 

Participants. A Participant’s ships 

which are directly requisitioned by the 

U.S. Government or which are called up 

pursuant to other U.S. Government 

voluntary arrangements shall be 

credited against the Participant’s 

proportionate contribution under this 

Agreement. Ships on charter to the DoD 

when this Agreement is activated shall 

not be so credited. 

C. Reports of Controlled Tonnage 

Twice annually, or upon request of 

the Administrator and in such form as 

may be requested, each Participant shall 

submit information as to ‘‘controlled 

tonnage’’ necessary for the carrying out 

of this Agreement. Information which a 

Participant identifies as privileged and 

confidential shall be withheld from 

public disclosure in accordance with 

Sections 708(h)(3) and 705(e) of the 

DPA, as amended, and 44 CFR Part 332. 


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D. Freight Rates Under the Agreement 

1. The rate of charter hire applicable 

to each charter under this Agreement 

shall be the ‘‘prevailing market rate’’

effective at the time of the proposed 

loading of the vessel. The ‘‘prevailing 

market rate’’ shall be determined by the 

Military Sealift Command (MSC) 

Contracting Officer utilizing the price 

analysis techniques set forth in FAR 

Part 15.4 to determine that the 

negotiated rates are fair and reasonable, 

utilizing market or previous contract 

prices. Time charter hire rates, for either 

U.S. or foreign-flag tankers, shall be 

expressed in terms of a per diem rate(s). 

2. The rate of charter hire fixed with 

respect to each charter shall apply for 

the entire period of the charter, except 

that: 

a. For a consecutive voyage charter, 

the rate of charter shall be increased or 

decreased to reflect increases or 

decreases in the price of bunker fuel 

applicable in the area of the vessel’s 

trade; 

b. Reimbursement for increased war 

risk insurance premiums will be made 

in accordance with section V.E.; 

E. War Risk Insurance 

1. Increased War risk insurance 

premiums for time chartered vessels 

will be paid by DoD or MARAD war risk 

insurance policies will be implemented. 

2. For voyage and consecutive voyage 

charters, the Participant will be 

reimbursed for increases in war risk 

insurance premiums that are applicable 

to the actual voyage but are announced 

after the charter rate is established by 

the broker panel. 

3. For any ship chartered under this 

Agreement, the SecDef may procure 

from the SecTrans war risk insurance on 

hull and machinery, war risk protection 

and indemnity insurance, and Second 

Seaman’s War Risk Insurance, subject to 

46 U.S.C. 53905 (formerly Section 1203 

of the Merchant Marine Act, 1936). 

VI. Activation of the Agreement 

A. Determination of Necessity 

This Agreement may be activated at 

the request of The Commander 

USTRANSCOM, with the approval of 

SecDef, to support Contingency 

operations when there is a tanker 

capacity emergency. A tanker capacity 

emergency will be deemed to exist 

when tanker capacity required to 

support operations of U.S. forces 

outside the continental United States 

cannot be supplied through the 

commercial tanker charter market in 

accordance with applicable laws and 

regulations or other voluntary 

arrangements. The Administrator shall 

notify the Attorney General and the 

Chairman of the Federal Trade 

Commission, when such a finding is 

made. 

B. Tanker Requirements Committee 

1. There is established a Tanker 

Requirements Committee (the 

‘‘Committee’’) to provide 

USTRANSCOM, MARAD and 

Participants a forum to: 

a. Analyze DoD Contingency tanker 

requirements. 

b. Identify commercial tanker capacity 

that may be used to meet DoD 

requirements related to Contingencies 

and, as requested by USTRANSCOM, 

exercises, and special movements. 

c. Develop and recommend Concepts 

of Operations (CONOPS) to meet DoDapproved Contingency requirements 

and, as requested by USTRANSCOM, 

exercises and special movements. 

d. Advise the Administrator on the 

tanker capacity that each Participant 

controls and is capable of meeting 

Contingency requirements. 

2. The Committee will be co-chaired 

by MARAD and USTRANSCOM and 

will convene as jointly determined by 

the co-chairs. 

3. The Committee will not be used for 

contract negotiations and/or contract 

discussions between carriers and DoD; 

such negotiations and/or discussions 

will be in accordance with applicable 

DoD contracting policies and 

procedures. 

4. The Committee will consist of 

designated representatives from 

MARAD, USTRANSCOM, to include 

Military Sealift Command, Defense 

Energy Support Center, each 

Participant, and maritime labor. Other 

attendees may be invited at the 

discretion of the co-chairs. 

Representatives will provide technical 

advice and support to ensure maximum 

coordination, efficiency and 

effectiveness in the use of Participants 

resources. All Participants will be 

invited to open Committee meetings. 

For selected Committee meetings, 

attendance may be limited to designated 

Participants to meet specific operational 

requirements. 

5. The Committee co-chairs shall: 

a. Notify the Attorney General, the 

Chairman of the Federal Trade 

Commission, and all Participants of the 

time, place and nature of each meeting 

and of the proposed agenda of each 

meeting to be held to carry out this 

Agreement: 

b. Provide for publication in the 

Federal Register of a notice of the time, 

place and nature of each meeting. If a 

meeting is open, a Federal Register 

notice will be published reasonably in 

advance of the meeting. If a meeting is 

closed, a Federal Register notice will be 

published within ten (10) days of the 

meeting and will include the reasons 

why the meeting is closed; 

c. Establish the agenda for each 

meeting and be responsible for 

adherence to the agenda; 

d. Provide for a written summary or 

other record of each meeting and 

provide copies of transcripts or other 

records to the Attorney General, the 

Chairman of the Federal Trade 

Commission, and all Participants; and 

e. Take necessary actions to protect 

confidentiality of data discussed with or 

obtained from Participants. 

C. Tanker Charters 

MSC, as designated by 

USTRANSCOM, will deal directly with 

tanker operators in the making of 

charter parties and other arrangements 

to meet the defense requirement, 

keeping the Administrator informed. To 

reduce risk to owners and to control 

cost to the government, all government 

charters will be time charters, unless 

specifically designated as voyage charter 

by the Contracting Officer. If vessels are 

chartered between Participants, 

Participants will keep the Administrator 

informed. The Administrator will keep 

the Attorney General and the Chairman 

of the Federal Trade Commission 

informed of the actions taken under this 

Agreement. 

D. Termination of Charters Under the 

Agreement 

MSC, as the contracting officer, will 

notify the Administrator as far as 

possible in advance of the prospective 

termination of the need for tanker 

capacity under this Agreement. 

VII. Application and Agreement 

The Administrator has adopted and 

makes available a form on which tanker 

operators may apply for and become 

Participants in this Agreement 

(‘‘Application and Agreement to 

Participate in the Voluntary Tanker 

Agreement’’). The form will incorporate 

by reference the terms of this 

Agreement. 

Application and Agreement To 

Participate in the Voluntary Tanker 

Agreement 

The applicant identified below hereby 

applies to participate in the Maritime 

Administration’s agreement entitled 

‘‘Voluntary Tanker Agreement.’’ The 

text of said Agreement is published in 

72 FR 41099, July 26, 2007. This 

Agreement is authorized under Section 

708 of the Defense Production Act of 

1950, as amended (50 App. U.S.C. 


sroberts on PROD1PC77 with NOTICES
Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Notices 51697 

2158). Regulations governing is 

Agreement appear at 44 CFR Part 332 

and are reflected at 49 CFR Subtitle A. 

The applicant, if selected, hereby 

acknowledges and agrees to the 

incorporation by reference into this 

Application and Agreement of the entire 

text of the Voluntary Tanker Agreement 

published in 72 FR 41099, July 26, 2007, 

as though said text were physically 

recited herein. 

The applicant, as Participant, agrees 

to comply with the provisions of 

Section 708 of the Defense Production 

Act of 1950, as amended, the regulations 

of 44 CFR Part 332 and as reflected at 

49 CFR Subtitle A, and the terms of the 

Voluntary Tanker Agreement. Further, 

the applicant, if selected as a 

Participant, hereby agrees to 

contractually commit to make vessels or 

capacity available for use by the 

Department of Defense and to other 

Participants for the purpose of meeting 

national defense requirements. 

By order of the Maritime Administrator. 

Dated: August 25, 2008. 

Leonard Sutter, 

Secretary, Maritime Administration. 

[FR Doc. E8–20392 Filed 9–3–08; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2008–0211] 

Information Collection Activities 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, the 

Pipeline and Hazardous Materials Safety 

Administration (PHMSA) invites 

comments on its intention to revise 

forms PHMSA F 7100.2—Incident 

Report For Gas Transmission and 

Gathering Systems; PHMSA F 7100.1—

Incident Report for Gas Distribution 

Systems; and PHMSA F 7000–1—

Accident Report for Hazardous Liquid 

Pipeline Systems, and its intention to 

request approval from the Office of 

Management and Budget (OMB) for 

revised information collection burdens. 

DATES: Interested parties are invited to 

submit comments on or before 

November 3, 2008. 

ADDRESSES: You may submit comments 

identified by the docket number 

PHMSA–2008–0211 by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

from 9 a.m. to 5 p.m., Monday through 

Friday, except Federal holidays. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulation Identification 

Number (RIN) for this notice. Internet 

users may access comments received by 

DOT at: http://www.regulations.gov. 

Note that comments received will be 

posted without change to: http:// 

www.regulations.gov including any 

personal information provided. 

Requests for a copy of an information 

collection should be directed to Roger 

Little by telephone at 202–366–4569, by 

fax at 202–366–4566, or by mail at U.S. 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue, SE., PHP–10, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Roger Little by telephone at 202–366–

4569, by fax at 202–366–4566, or by 

mail at U.S. Department of 

Transportation, Pipeline and Hazardous 

Materials Safety Administration, 1200 

New Jersey Avenue, SE., PHP–10, 

Washington, DC 20590–0001. 

SUPPLEMENTARY INFORMATION: Section 

1320.8(d), Title 5, Code of Federal 

Regulations requires PHMSA to provide 

interested members of the public and 

affected agencies an opportunity to 

comment on information collection and 

recordkeeping requests. This notice 

identifies revised information collection 

requests that PHMSA will be submitting 

to OMB for renewal and extension. The 

information collected pertaining to 

reportable natural gas transmission 

incidents provides an important tool for 

identifying safety trends in the gas 

pipeline industry. The National 

Transportation Safety Board (NTSB), 

and the Government Accountability 

Office (GAO) have urged PHMSA to 

revise the information collected on the 

natural gas pipeline operator incident 

and hazardous liquid pipeline operator 

accident report forms. NTSB Safety 

Recommendation P–05–04 recommends 

that PHMSA take action to change the 

liquid accident reporting form (PHMSA 

F 7000–1) and require operators to 

provide data related to controller 

fatigue. Additionally, section 20 of the 

Pipeline Inspection, Protection, 

Enforcement, and Safety Act of 2006 

(PIPES Act) requires PHMSA to ‘‘amend 

accident reporting forms to require 

operators of gas and hazardous liquid 

pipelines to provide data related to 

controller fatigue.’’ GAO recommended 

in its report, GAO–06–946 titled 

‘‘Integrity Management Benefits Public 

Safety, but Consistency of Performance 

Measures Should Be Improved’’ that 

‘‘To improve the consistency and 

usefulness of the integrity management 

performance measures, we are 

recommending that the Secretary of 

Transportation direct the Administrator 

for the Pipeline and Hazardous 

Materials Safety Administration to take 

the following two actions: 

(1) Revising the definition of a 

reportable incident to consider changes 

in the price of natural gas; and 

(2) Establish consistent categories of 

causes for incidents and leaks on all gas 

pipeline reports.’’ Recommendation 

number (1) is to be addressed by a 

future rulemaking and recommendation 

number (2) is addressed through 

improvements in incident forms 

addressed through this information 

collection request (ICR). 

PHMSA consulted industry and trade 

association representatives of the 

Interstate Natural Gas Association of 

America, the American Gas Association, 

the American Petroleum Institute, and 

state pipeline safety office 

representatives through the National 

Association of Pipeline Safety 

Representatives, in considering 

revisions to the natural gas pipeline 

operator incident and hazardous liquid 

pipeline operator accident report forms 

to make the information collected more 

useful to industry, government, and the 

public. 

PHMSA has revised burden estimates, 

where appropriate, to reflect revisions to 

the accident and incident reporting 

forms since the information collections 

were last approved. The following 

information is provided for each 

information collection: (1) Abstract for 

affected accident and incident reporting 

forms; (2) title of the information 

collection; (3) OMB control number; (4) 

affected accident or incident form; (5) 

description of affected public; (6) 

estimate of total annual reporting and 

recordkeeping burden; and (7) 

frequency of collection. PHMSA will 

request a three-year term of approval for 

each information collection activity and, 


sroberts on PROD1PC77 with NOTICES