59530 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 

consultation under the Unfunded 

Mandates Reform Act of 1995. 

Federalism Impact Statement 

The Secretary has also reviewed this 

Interim Final Rule in accordance with 

Executive Order 13132 regarding 

federalism, and has determined that it 

does not have ‘‘federalism 

implications.’’ The Interim Final Rule 

would not have ‘‘substantial direct 

effects on the States, or on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

Impact on Family Well-Being 

This Interim Final Rule will not 

adversely affect the following family 

elements of family well-being: family 

safety, family stability, marital 

commitment; parental rights in the 

education, nurture and supervision of 

their children; family functioning, 

disposable income or poverty; or the 

behavior and personal responsibility of 

youth, as determined under section 

654(c) of the Treasury and General 

Government Appropriations Act of 

1999. As stated above, this Interim Final 

Rule will modify the Table included in 

the regulations governing the VICP 

based on legal authority. 

Impact of the New Rule 

This Interim Final Rule is technical in 

nature and will not prevent otherwise 

eligible individuals with claims of 

injuries or deaths allegedly resulting 

from rotavirus vaccines (including 

vaccines containing live, oral, rhesusbased rotavirus) from filing claims with 

the VICP. 

Paperwork Reduction Act 

This rule has no information 

collection requirements. 

List of Subjects in 42 CFR Part 100 

Biologics, Health insurance, and 

Immunization. 

Dated: July 30, 2007. 

Elizabeth M. Duke, 

Administrator, HRSA. 

Approved: June 23, 2008. 

Michael O. Leavitt, 

Secretary, HHS. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on Monday, October 6, 2008. 

■ Accordingly, 42 CFR part 100 is 

amended as set forth below. 

PART 100—VACCINE INJURY 

COMPENSATION 

■ 1. The authority citation for 42 CFR 

part 100 continues to read as follows: 

Authority: Sec. 215 of the PHS Act (42 

U.S.C. 216); secs. 312 and 313 of Public Law 

99–660, 100 Stat. 3779–3782 (42 U.S.C. 

300aa–1 note); sec. 2114(c) and (e) of the PHS 

Act, 100 Stat. 3766 and 107 Stat. 645–646 (42 

U.S.C. 300aa–14(c) and (e)); sec. 904(b) of 

Public Law 105–34, 111 Stat. 873; sec. 1503 

of Public Law 105–277, 112 Stat. 2681–741; 

and sec. 523(a) of Public Law 106–170, 113 

Stat. 1927–1928. 

§ 100.3 [Amended] 

■ 2. Section 100.3 is amended as 

follows: 

■ A. In paragraph (a) in the Vaccine 

Injury Table remove Item XII and 

redesignate Items XIII and XIV as XII 

and XIII respectively. 

■ B. In paragraph (c)(3) remove the 

second sentence; in paragraph (c)(4) 

remove the words ‘‘(Item XIII of the 

Table)’’ and add in their place ‘‘(Item 

XII of the Table)’’; in paragraph (c)(5) 

remove the words ‘‘(Item XIV of the 

Table)’’ and add in their place ‘‘(Item 

XIII of the Table)’’. 

[FR Doc. E8–24017 Filed 10–8–08; 8:45 am] 

BILLING CODE 4165–15–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 393 

[Docket No. MARAD–2008 0096] 

RIN 2133–AB70 

America’s Marine Highway Program 

AGENCY: Maritime Administration, DOT. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: The purpose of this interim 

final rule is to solicit recommendations 

for short sea transportation routes to be 

designated as Marine Highway 

Corridors and to solicit applications 

from interested parties to participate in 

a short sea transportation Project, as 

required by section 55605(c) of Public 

Law 110–140, the Energy Independence 

and Security Act of 2007. Section 

55601(d) specifically states, that ‘‘[t]he 

Secretary may designate a project to be 

a short sea transportation project if the 

Secretary determines that the project 

may—offer a waterborne alternative to 

available landside transportation 

services using documented vessels; and 

provide transportation services for 

passengers or freight (or both) that may 

reduce congestion on landside 

infrastructure using documented 

vessels.’’ Further, section 55605 defines 

short sea transportation as meaning ‘‘the 

carriage by vessel of cargo that is 

contained in intermodal cargo 

containers and loaded by crane on the 

vessel or loaded on the vessel by means 

of wheeled technology; and that is 

loaded at a port in the United States and 

unloaded either at another port in the 

United States or at a port in Canada 

located in the Great Lakes Saint 

Lawrence Seaway System; or loaded at 

a port in Canada located in the Great 

Lakes Saint Lawrence Seaway System 

and unloaded at a port in the United 

States.’’ Section 55605(c) directs the 

Secretary of Transportation to 

promulgate interim regulations not later 

than 90 days after the date of enactment 

of this Act. The Secretary of 

Transportation will delegate authority to 

the Maritime Administrator to 

administer this program. Final 

regulations are to be issued no later than 

October 1, 2008. The program 

established in Section 55605 will be 

titled ‘‘America’s Marine Highway 

Program.’’ A final regulation will be 

published following this public 

comment period. Solicitations from 

applicants desiring Marine Highway 

Project designation will be initiated 

through notification in the Federal 

Register at a future date. 

DATES: 

The effective date of this interim 

regulation is November 10, 2008. Any 

further comments are due by February 

6, 2009. 

ADDRESSES: You may submit comments 

[identified by DOT Docket Number 

MARAD–2008–0096] by any of the 

following methods: 

• Web Site: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the electronic docket site. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., Room PL–401, 

Washington, DC 20590–0001. 

• Hand Delivery: Room PL–401 of the 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 am and 5 pm, Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number for this rulemaking. Note that 

all comments received will be posted 

without change to http:// 

www.regulations.gov including any 

personal information provided. Please 


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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59531 

see the Privacy Act heading under 

Regulatory Notices. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov at any time or to 

Room PL–401 of the Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 am and 5 pm, Monday through Friday, 

except Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michael Gordon, Office of Intermodal 

System Development, Marine Highways 

and Passenger Services, at (202) 366– 

5468, via e-mail at 

michael.gordon@DOT.gov, or by writing 

to the Office of Marine Highways and 

Passenger Services, MAR–520, Suite 

W21–315, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Background 

Congestion is one of the single largest 

threats to America’s economic 

prosperity and way of life. Overall, the 

Department of Transportation estimates 

that congestion on our roads, bridges, 

railways, and in certain ports costs the 

United States as much as $200 billion a 

year and this figure will continue to 

grow. In addition to significant existing 

congestion, an increasing growth in 

trade will place even more demands on 

our capability to move freight and 

people through an already strained 

transportation network. 

Over the next 15 years, experts project 

that cargoes moving through our ports 

will nearly double. Federal Highway 

Administration, ‘‘The Freight Story: A 

National Perspective on Enhancing 

Freight Transportation’’. Most of this 

additional cargo will ultimately move 

along our surface transportation 

corridors, many of which are already at 

or beyond capacity. Since 92 percent of 

all domestic freight currently moves on 

road and rail infrastructure, the 

implications of this growth are 

significant. U.S. Department of 

Transportation ‘‘Freight Analysis 

Framework’’. 

The challenge we face is to use all 

transportation modes available to 

address the looming crisis. America’s 

Marine Highway can be a viable 

alternative transportation mode. 

Expanding the Marine Highway can be 

cost effective and will require less new 

infrastructure than surface 

transportation alternatives, represents 

significant fuel savings, while offering a 

resilient and redundant means of 

transportation. The Marine Highway, 

consisting of more than 25,000 miles of 

inland, intracoastal, and coastal 

waterways, already transports about 1 

billion tons of domestic cargo annually, 

and has considerable room to grow. U.S. 

Army Corps of Engineers, ‘‘Waterborne 

Commerce of the United States’’ (2005). 

The following is an example of the 

benefit the Marine Highway can offer. 

An East Coast container-on-barge 

operation that currently runs between 

Baltimore, MD, and Norfolk, VA, 

relieves the busy I–95 and I–64 

corridors of almost 2,000 trucks every 

week. That is equal to 3 lanes of 

bumper-to-bumper trucks eight miles 

long for about 1⁄8 the amount of fuel. 

Transporting freight by water has 

traditionally been used for the 

movement of bulk commodities such as 

coal, petroleum, grain, and lumber, yet 

growing freight congestion on certain 

highway Corridors, combined with 

innovative approaches, could encourage 

shippers to consider marine 

transportation for container cargo. 

In many cases, the Marine Highway 

runs parallel to some of the most 

congested highway Corridors in the 

country. On September 10, 2007, the 

Department of Transportation 

announced six interstate routes as 

Corridors of the Future: I–95 from 

Florida to the Canadian border; I–70 in 

Missouri, Illinois, Indiana, and Ohio; I– 

15 in Arizona, Utah, Nevada, and 

California; I–5 in California, Oregon, 

and Washington, I–10 from California to 

Florida, and I–69 from Michigan to 

Texas. The designation of waterways 

along some of these and other clogged 

roadways and rail routes as Marine 

Highway Corridors could reduce 

congestion, pollution, and energy usage, 

increase freight system reliability, and 

improve the life of citizens who live in 

proximity to the highway. 

The Secretary, in consultation with 

the EPA, will submit a Report to 

Congress by December 19, 2008. The 

report will include a description of the 

activities conducted under the program, 

and any recommendations for further 

legislative or administrative action that 

the Secretary of Transportation 

considers appropriate. 

Program Description 

In this rulemaking, the Department of 

Transportation is establishing interim 

procedures for the implementation of a 

new short sea transportation program, 

America’s Marine Highway Program. 

Within this program, this rulemaking 

sets forth procedures for 

recommendations for designation of 

Marine Highway Corridors, and separate 

procedures for applications for Marine 

Highway Projects. 

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, the Office 

of Management and Budget (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. Designation of Marine 

Highway Corridors and Marine Highway 

Projects does not have an immediate 

economic impact. Following 

designation, individual Corridor and 

Project components that may have an 

economic impact will be determined as 

they are identified. 

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 

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, 

although we do anticipate that a small 

number of small entities will participate 

in the program and any financial impact 

is expected to be minimal. 

Environmental Assessment 

We have analyzed this proposed 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 designation 

of Marine Highway Corridors and 

Marine Highway Projects does not have 

an immediate environmental impact. 

Following designation, individual 

Corridor and Project components that 

may have an environmental impact will 

be determined as they are identified. 


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59532 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 

This program envisions the use of 

coastwise vessels to relieve congestion 

on highways, and any overall 

environmental impact should be 

positive. The Texas Transportation 

Institute, ‘‘A Modal Comparison of 

Domestic Freight Transportation Effects 

on the General Public’’ (December 

2007). 

Paperwork Reduction Act 

This interim regulation establishes a 

new requirement for the collection of 

information. The Office of Management 

and Budget (OMB) will be requested to 

review and approve the information 

collection requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Sec. 3501, et seq.). 

In accordance with the Paperwork 

Reduction Act, this document 

announces the Maritime 

Administration’s intentions to request 

approval for the public to review this 

interim regulation. 

—Copies of this request may be 

obtained from the Office of Marine 

Highways and Passenger Services, 

MAR–520, Suite W21–315, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

—Title of Collection: America’s Marine 

Highway Program, 46 CFR Part 393. 

—Type of Request: New request for 

information collection. 

—OMB Control Number: 2133–NEW. 

—Form Number: None. 

—Expiration Date of Approval: Three 

years following approval by the Office 

of Management and Budget. 

—Summary of Collection of 

Information: Persons seeking to make 

recommendations for designation of 

Marine Highway Corridors may 

provide those recommendations in 

the form of comments to this interim 

final rulemaking. Persons seeking 

nomination of a Project under 

America’s Marine Highway Program 

will be required to file a written 

application. No form or particular 

format will be required for the 

application. However, information 

about the applicant and the proposal 

will be necessary for proper analysis 

of the nominated project. 

—Need for and Use of the Information: 

The information collected will be 

used to revise and publish a final 

regulation implementing America’s 

Marine Highway Program. Without 

the information the Maritime 

Administration would not benefit 

from public review of the program. 

—Description of Respondents: 

Individuals, partnerships or coalitions 

seeking designation. 

—Annual Responses: Once the Program 

is implemented, Applications for 

designation as Projects will be 

solicited 1–2 times per year, 

depending on level of interest in the 

program. The agency anticipates 

receiving approximately 20 responses 

per year. Recommendations for future 

designations of Marine Highway 

Corridors may be provided at any 

time, although it is not anticipated 

that additional Marine Highway 

Corridors will be designated for 

several years following 

implementation of the Program. 

—Annual Burden: 30 hours. 

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 

Tribal Governments, and to reduce the 

imposition of unfunded mandates upon 

Indian tribes. Designation of Marine 

Highway Corridors and Marine Highway 

Projects does not have an immediate 

impact on Indian tribes. Following 

designation, individual Corridor and 

Project components that may have an 

impact on Indian tribes will be 

determined as they are identified. 

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 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.regulations.gov. 

List of Subjects in 46 CFR Part 393 

Marine Highway, Short sea 

transportation, Vessels. 

■ Accordingly, the Maritime 

Administration amends 46 CFR chapter 

II by adding part 393 to read as follows: 

PART 393—AMERICA’S MARINE 

HIGHWAY PROGRAM 

Sec. 

393.1 Purpose. 

393.2 Definitions. 

393.3 Marine Highway Corridors. 

393.4 Marine Highway Projects. 

393.5 Incentives, Impediments and 

Solutions. 

393.6 Research on Marine Highway 

Transportation. 

Appendix to Part 393—Criteria for Initial 

Assessment of Marine Highway Project 

Applications. 

Authority: Energy Independence and 

Security Act of 2007, Sections 1121, 1122, 

and 1123 of Public Law 110–140, approved 

December 19, 2007 (121 STAT. 1492). 

§ 393.1 Purpose. 

(a) This part prescribes interim 

regulations establishing a short sea 

transportation program as set forth in 

the Energy Independence and Security 

Act of 2007 (Sections 1121, 1122, and 

1123 of Pub. L. 110–140, approved 

December 19, 2007 (121 STAT. 1492)). 

(b) The purpose of America’s Marine 

Highway Program is described in 

Section 1121. Section 1121 states that 

‘‘[t]he Secretary shall designate short sea 

transportation routes as extensions of 

the surface transportation system to 

focus public and private efforts to use 

the waterways to relieve landside 

congestion along coastal corridors.’’ 

America’s Marine Highway Program 

consists of four primary components: 

(1) Marine Highway Corridor 

Designations: This regulation 

establishes the goals and methods by 

which specific Marine Highway 

Corridors will be identified and 

designated by the Secretary of 

Transportation. The purpose of 

designating Marine Highway Corridors 

is to integrate America’s Marine 

Highway into the surface transportation 

system. The Marine Highway Corridors 

will serve as extensions of the surface 

transportation system and consist of the 


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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59533 

navigable coastal, inland, and 

intracoastal waters of the United States, 

to support the movement of passengers 

and cargo between U.S. ports, or 

between U.S. ports and unloaded either 

at a port in Canada located in the Great 

Lakes Saint Lawrence Seaway System; 

or loaded at a port in Canada located in 

the Great Lakes Saint Lawrence Seaway 

System and unloaded at a port in the 

United States, relieving landside 

congestion. America’s Marine Highway 

Program will encourage the 

development of multi-jurisdictional 

coalitions and focus public and private 

efforts and investment on shifting 

freight and passengers from congested 

roads and rail lines to effectively utilize 

Marine Highway Corridors. 

(2) Marine Highway Project 

Designations: This regulation 

establishes the goals and methods by 

which specific Marine Highway Projects 

will be identified and designated by the 

Secretary of Transportation. The 

purpose is to mitigate landside 

congestion by designating projects that, 

if successfully started, expanded, or 

otherwise enhanced, would provide the 

greatest benefit to the public in terms of 

congestion relief, improved air quality, 

reduced energy consumption, 

infrastructure construction and 

maintenance savings, improved safety, 

and long-term economic viability. 

Designated Marine Highway Projects 

may receive direct support from the 

Department of Transportation as 

described in this section. 

(3) Incentives, Impediments and 

Solutions: This section outlines how the 

Department of Transportation, in 

partnership with public and private 

entities, will identify potential 

incentives, seek solutions to 

impediments to encourage utilization of 

America’s Marine Highway and 

incorporate it, including ferries, in State 

and regional transportation planning. 

(4) Research: This section describes 

the research that the Department of 

Transportation, working with the 

Environmental Protection Agency, will 

conduct to support America’s Marine 

Highway, within the limitations of 

available resources, and to encourage 

multi-state planning. Research would 

include environmental and 

transportation impacts (benefits and 

costs), technology, vessel design, and 

solutions to impediments to the Marine 

Highway. 

(c) In addition, vessels engaged in 

Marine Highway operations are 

qualified for Capital Construction Fund 

(CCF) benefits. This program was 

created to assist owners and operators of 

U.S.-flag vessels in accumulating the 

capital necessary for the modernization 

and expansion of the U.S. merchant 

marine by encouraging construction, 

reconstruction, or acquisition of vessels 

through the deferment of Federal 

income taxes on certain deposits of 

money placed into a CCF. 

§ 393.2 Definitions. 

For the purposes of this part: 

Administrator. The Maritime 

Administrator, U.S. Maritime 

Administration, U.S. DOT, who will be 

authorized by the Secretary of 

Transportation to administer America’s 

Marine Highway Program. 

Applicant. An entity that applies for 

designation of a Marine Highway 

Corridor or Project under this 

regulation. 

Coastwise Shipping Laws. Laws, 

including the Jones Act, as set forth in 

Chapter 551 of Title 46, United States 

Code. 

Corridor Sponsor. An entity that 

recommends a Corridor for designation 

as a Marine Highway. Corridor sponsors 

must be public entities, including but 

not limited to, Metropolitan Planning 

Organizations, State governments 

(including Departments of 

Transportation) and port authorities, 

who may submit recommendations for 

designation as a Marine Highway 

Corridor. 

Domestic Trade. Trade between 

points in the United States. 

Lift-on/Lift-off (LO/LO) Vessel. A 

vessel of which the loading and 

discharging operations are carried out 

by cranes and derricks. 

Marine Highway Corridor. A short sea 

transportation route that serves as an 

extension of the surface transportation 

system to relieve landside congestion 

along the highway corridor. It is one or 

more navigable waterways that, if used 

to transport freight or passengers, would 

provide measurable benefits to a surface 

transportation route in terms of reduced 

congestion, energy savings, reduced 

emissions, improved safety, and/or 

reduced infrastructure costs. 

Marine Highway (or Short Sea 

Transportation). The carriage by vessel 

of passengers and/or cargo that is loaded 

at a port in the United States and 

unloaded either at another port in the 

United States, or that is loaded at a port 

in the United States and unloaded at a 

port in Canada located in the Great 

Lakes Saint Lawrence Seaway System; 

or loaded at a port in Canada located in 

the Great Lakes Saint Lawrence Seaway 

System and unloaded at a port in the 

United States. 

Project Sponsor. Project sponsors 

must be public entities, including but 

not limited to, Metropolitan Planning 

Organizations, state governments 

(including State Departments of 

Transportation) and port authorities, 

who may submit applications for 

designation as a Marine Highway 

Project. 

Roll-on/Roll-off (RO/RO) Vessel. Any 

vessel that has ramps allowing cargo to 

be loaded and discharged by means of 

wheeled vehicles so that cranes are not 

required. 

Secretary. The Secretary of 

Transportation. 

United States Documented Vessel. A 

vessel documented under 46 U.S.C. 

Chapter 121. 

§ 393.3 Marine Highway Corridors. 

(a) Summary. The purpose of this 

section is to designate specific routes as 

Marine Highway Corridors. Corridors 

will be established by the Maritime 

Administrator. The goal of this 

designation process is to accelerate the 

development of multi-State and multijurisdictional Marine Highway 

Corridors to relieve landside congestion 

along highway and railroad corridors. 

Designation will encourage public/ 

private partnerships, and help focus 

investment on those Marine Highway 

Corridors that offer the maximum 

potential public benefit in congestion 

reduction, energy efficiency, emissions 

reduction and other categories. 

Navigable waterways that parallel 

Corridors already designated as 

‘‘Corridors of the Future’’ under DOT’s 

National Strategy to Reduce Congestion 

will be fast-tracked for designation as 

Marine Highway Corridors. 

(b) Objectives. The primary objectives 

of the designation of Marine Highway 

Corridors are to: 

(1) Establish Marine Highway 

Corridors as ‘‘extensions of the surface 

transportation system’’ as provided by 

Section 1121 of the Energy 

Independence and Security Act of 2007. 

(2) Develop multi-jurisdictional 

coalitions that focus public and private 

efforts to use the waterways to relieve 

landside congestion along freight and 

passenger Corridors. 

(3) Obtain public benefit by shifting 

freight and passengers in measurable 

terms from congested highway and 

railroad routes to Marine Highway 

Corridors. Benefits, while primarily 

aimed at reducing congestion, can also 

include air quality and emissions 

improvements, reduced energy 

consumption, improved freight 

reliability and enhanced safety. 

(4) Identify potential savings that 

could be realized by providing an 

alternative to surface transportation 

infrastructure construction and 

maintenance. 


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(c) Designation of Marine Corridors. 

The Department of Transportation will 

solicit recommendations for designation 

of specific routes as Marine Highway 

Corridors. Recommendations will be 

accepted from Corridor sponsors. 

Corridor sponsors must be public 

entities, including but not limited to, 

Metropolitan Planning Organizations, 

state governments (including State 

Departments of Transportation) and port 

authorities. When responding to specific 

solicitations for Marine Highway 

Corridors by the Secretary of 

Transportation, the following 

information will be required: 

(1) Physical Description of Proposed 

Marine Highway Corridor: The 

recommendation should describe the 

proposed Marine Highway Corridor, and 

its connection to existing or planned 

transportation infrastructure and 

intermodal facilities. Include key 

navigational factors such as available 

draft, channel width, bridge or lock 

clearance and identify if they could 

limit service. 

(2) Surface Transportation Corridor 

Served: Provide a summary of the 

surface transportation Corridor that the 

Marine Highway would benefit. Include 

a description of the Corridor, its primary 

users, the nature, locations and 

occurrence of congestion, urban areas 

affected, and other geographic or 

jurisdictional issues that impact its 

overall operation and performance. 

(3) Involved Parties: Provide the 

organizational structure of parties 

recommending the Corridor designation 

including business affiliations, and 

private sector stakeholders. Multijurisdictional coalitions may include 

State Departments of Transportation, 

Metropolitan Planning Organizations, 

municipalities and other governmental 

entities that have been engaged and the 

extent to which they support the 

corridor designation. 

(4) Passengers and Freight: Identify 

number of likely passengers and/or 

quantity of freight that are candidates 

for shifting to the proposed Marine 

Highway Corridor. If known, include 

specific shippers, manufacturers, 

distributors or other entities that could 

benefit from a Marine Highway 

alternative, and the extent to which 

these entities have been engaged. 

(5) Congestion Reduction: Describe 

extent to which the proposed Corridor 

could relieve landside congestion in 

measurable terms. Include any known 

offsetting infrastructure savings (either 

construction or maintenance) that 

would result from the project. 

(6) Public environmental, energy or 

safety benefits: The recommendation 

should provide, if known, the savings 

over status quo in fuel, emissions, or 

safety improvements that could be 

derived from shifting some capacity to 

the proposed Marine Highway Corridor. 

It should also consider the implications 

future growth may have on the proposal 

and include any affiliations with 

environmental advocacy groups or 

community groups that support the 

Corridor designation. 

(7) Impediments: Describe known or 

anticipated obstacles to shifting capacity 

to the proposed Marine Highway 

Corridor. Include any strategies, either 

in place or proposed, to deal with the 

impediments. 

(d) Action by the Department of 

Transportation. All Marine Highway 

Corridor designation recommendations 

will be evaluated based upon the 

preceding criteria. An announcement of 

waterways designated as Marine 

Highway Corridors will appear in the 

Federal Register. In certain cases the 

Secretary of Transportation may 

designate a Marine Highway Corridor 

without receipt of a recommendation. 

The Department of Transportation will 

coordinate with Corridor sponsors to 

identify the most appropriate actions to 

support the Corridors. Support could 

include any of the following, as 

appropriate and within agency 

resources: 

(1) Promote the Corridor with 

appropriate governmental, State and 

local transportation planners, private 

sector entities or other decision-makers. 

(2) Coordinate with ports, State 

Departments of Transportation, 

Metropolitan Planning Organizations, 

localities, other public agencies and the 

private sector to support the designated 

corridor. Efforts can be aimed at 

obtaining access to land or terminals, 

developing landside facilities and 

infrastructure, and working with 

regional, State or local governmental 

entities to remove barriers to selfsupporting operations. 

(3) Pursue memorandums of 

agreement with other federal entities to 

transport federally owned or generated 

cargo using waterborne transportation 

along the Marine Highway Corridor, 

when practical or available. 

(4) Assist with collection and 

dissemination of data for the 

designation and delineation of Marine 

Highway Corridors as available 

resources permit. 

(5) Work with Federal entities and 

state and local governments to include 

designated Corridors in transportation 

planning. 

(6) Bring specific impediments to the 

attention of the Marine Highway 

Advisory Board. 

(7) Conduct research on issues 

specific to designated Corridors as 

available resources permit. 

(8) Communicate with designated 

Corridor coalitions to provide ongoing 

support and identify lessons learned 

and best practices for the overall Marine 

Highway program. 

(9) Collect data and disseminate data 

for the designation and delineation of 

short sea transportation routes. 

§ 393.4 Marine Highway Projects. 

(a) Summary. The purpose of this 

section is to designate specific Marine 

Highway Projects to mitigate landside 

congestion. The goal is to identify 

Projects that, if successfully started, 

expanded, or otherwise enhanced, 

would provide the greatest benefit to the 

public. Public benefits to be considered 

include road and railroad congestion 

relief (particularly in urban areas and 

along corridors with national 

significance), reduced emissions or 

energy consumption, infrastructure 

construction and maintenance savings, 

improved safety, and long-term 

economic viability. Designation can 

help focus public and private 

investment on pre-identified projects 

that offer the maximum potential public 

benefit. Designated Marine Highway 

Projects may receive support from the 

Department of Transportation as 

described in this section. 

(b) Objectives. The primary objectives 

of the designation of Marine Highway 

Projects are: 

(1) Reduce landside congestion. 

(2) Identify proposed services that 

represent the greatest public benefit as 

measured in congestion relief, energy 

savings, reduced emissions and 

improved safety. 

(3) Focus resources on those projects 

that offer the greatest likelihood of 

success. 

(4) Identify potential savings by 

providing an alternative to surface 

transportation infrastructure 

construction and maintenance. 

(5) Develop best practices for the 

Marine Highway Program. 

(6) Provide specific examples with 

performance measures and quantifiable 

outcomes for the Marine Highway. 

(c) Designation of Marine Highway 

Projects. The Department of 

Transportation will solicit applications 

for designation as specific Marine 

Highway Projects. Applications will be 

accepted from a Project sponsor. Project 

sponsors must be public entities, 

including but not limited to, 

Metropolitan Planning Organizations, 

state governments (including State 

Departments of Transportation) and port 

authorities. Project sponsors are 


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encouraged to develop coalitions and 

public/private partnerships with the 

common objective of developing the 

specific Marine Highway Project. 

Potential partners can include vessel 

owners and operators, third party 

logistics providers, trucking companies, 

shippers, port authorities, state, regional 

and local transportation planners, or 

any combination of entities working in 

collaboration under a single application. 

Candidate Projects can be new starts or 

existing Marine Highway operations 

where expansion or improvements 

present maximum public benefit. 

Applications must meet the 

requirements of coastwise shipping laws 

and all applicable federal, state and 

local laws. 

(d) Action by the Department of 

Transportation. (1) The Department will 

evaluate and select Projects based on a 

cost-benefit analysis and technical 

review of the information provided by 

the applicant. The Department will 

publish, and update periodically, the 

application information required and 

the factors that will be considered in the 

evaluation. Each factor will be weighed 

according to its relative cost or benefit. 

Applicants may request that other 

factors be considered in the cost-benefit 

analyses. 

(2) Projects that support a designated 

Marine Highway Corridor, receive a 

favorable technical review, and meet 

other minimum standards as defined by 

the Department, may be nominated by 

the Maritime Administrator for selection 

by the Secretary. 

(3) Upon designation as a Marine 

Highway Project, the Department of 

Transportation will coordinate with the 

Project sponsor to identify the most 

appropriate Departmental actions to 

support the project. Support could 

include any of the following, as 

appropriate and within agency 

resources: 

(i) Promote the service with 

appropriate governmental, regional 

State or local transportation planners, 

private sector entities or other decision 

makers. 

(ii) Coordinate with ports, State 

Departments of Transportation, 

Metropolitan Planning Organizations, 

localities, other public agencies and the 

private sector to support the designated 

service. Efforts can be aimed at 

identifying resources, obtaining access 

to land or terminals, developing 

landside facilities and infrastructure, 

and working with regional, State or 

local governmental entities to remove 

barriers to success. 

(iii) Pursue memorandums of 

agreement with other federal entities to 

transport federally owned or generated 

cargo using the services of the 

designated project, when practical or 

available. 

(iv) In cases where transportation 

infrastructure is needed, Project 

sponsors may request to be designated 

on the Secretary of Transportation’s list 

of high-priority transportation 

infrastructure projects under Executive 

Order 13274, ‘‘Environmental 

Stewardship and Transportation 

Infrastructure Project Review.’’ For 

these projects, Executive Order 13274 

provides that Federal agencies shall, to 

the maximum extent practicable, 

expedite their reviews for relevant 

permits or other approvals and take 

related actions as necessary, consistent 

with available resources and applicable 

laws. 

(v) Assist with developing individual 

performance measures as described in 

this rule. 

(vi) Work with Federal entities and 

State and local governments to include 

designated Projects in transportation 

planning. 

(vii) Bring specific impediments to 

the attention of Marine Highway 

Advisory Board. 

(viii) Conduct research on issues 

specific to designated Projects. 

(ix) Maintain liaison with 

representatives of designated Projects to 

provide ongoing support and identify 

lessons learned and best practices for 

other projects and the overall Marine 

Highway program. 

(e) Application for Designation as a 

Marine Highway Project. Marine 

Highway Project designation will be 

based on evaluation of the criteria 

outlined in this rule. When responding 

to specific solicitations for Marine 

Highway projects by the Department of 

Transportation, the following 

information will be required: 

(1) Proposed project: The application 

should describe the overall operation; 

which ports and terminals will be 

served, number and type of vessels, size, 

quantity and type of cargo and/or 

passengers, routes, frequency, and other 

relevant information. Additional project 

components applicants should address 

include the following: 

(i) Identify which, if known, 

designated Marine Highway Corridors 

will be utilized. 

(ii) Provide the organizational 

structure of the proposed project, 

including business affiliations, 

environmental non-profit organizations 

and governmental or private sector 

stakeholders. 

(iii) Documents affirming 

commitment or support from entities 

involved in the project. 

(iv) State Departments of 

Transportation, Metropolitan Planning 

Organizations, municipalities and other 

governmental entities that have been 

engaged and extent to which they 

support the service. 

(2) Shippers: Identify shippers that 

have indicated an interest in and level 

of commitment to the proposed service, 

or describe the specific commodities, 

market, and shippers the service will 

attract, and the extent to which these 

entities have been engaged. 

Applications should include the 

marketing strategy. 

(3) Potential relief to surface 

transportation congestion: Describe 

extent to which the proposed project 

will relieve landside congestion in 

measurable terms, such as reductions in 

vehicle miles traveled. Include the 

landside corridors that stand to benefit 

from the operation, and any known 

infrastructure savings (either 

construction or maintenance) that 

would result from the project. 

(4) Environmental, energy or safety 

benefits: The application should address 

the savings over the current practice in 

fuel, emissions, or safety improvements 

that would result from the proposed 

operation. Include any affiliations with 

environmental groups or additional 

benefits the service would offer. 

(5) Finance Plan and Private Sector 

Participation: Provide projected 

revenues and expenses. Include labor 

and operating costs, fixed and recurring 

infrastructure costs. Include 

commitments from terminals, shippers, 

operators and other entities. A cost 

benefit analysis should be provided, if 

available. Note that prior to final 

designation as a project, a cost benefit 

analysis will be required, if not 

provided in the original application. 

(6) Impediments: Describe any known 

or anticipated obstacles to either startup or long-term success of the project. 

Include any strategies, either in place or 

proposed, to mitigate impediments. 

(7) Proposed Project Timeline: The 

Application should include a proposed 

project time-line with estimated start 

dates and key milestones. Include the 

point in the timeline at which the 

enterprise is anticipated to attain selfsufficiency (if applicable). 

(8) Cost and Benefits: Applicants will 

describe, to the extent known, the 

benefits to be derived from the 

designation of the project in monetary 

terms, including the items described in 

number 1 through 7 above, such as the 

environmental improvements, reduction 

in fuel usage, reduction in landside 

congestion, increase in employment, 

increase in taxes paid or other revenues 

derived therefrom, safety improvements 


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59536 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 

including potential saving of human life 

and property from fewer traffic 

accidents, decrease in time required for 

delivery of cargo or passengers and the 

costs associated with construction of 

new infrastructure if any, the costs of 

additional operations or maintenance of 

the project, including any public funds 

needed for support of the project. Upon 

receipt by the Maritime Administrator, 

the application will be evaluated using 

weight-based criteria during a technical 

review. The review will assess factors 

such as project scope, impact, public 

benefit, offsetting costs, cost to the 

Government (if any), the likelihood of 

long-term self-supporting operations, 

and its relationship with Marine 

Highway Corridors, once designated 

(See 46 CFR 393.3 Marine Highway 

Corridors). Additional factors may be 

considered during the evaluation 

process. All factors will be quantified 

and weighted by their relative costs and 

benefits. Project sponsors will be 

notified in writing by the Maritime 

Administration if they receive 

designation. 

(9) Evaluation Criteria: To view the 

criteria which will be used in the initial 

assessment of Project applications, 

please see the Appendix to part 393. 

(10) Performance Measures: Once 

designated projects enter the operational 

phase (either start of a new service, or 

expansion of existing service), they will 

be evaluated regularly to determine if 

the project’s objectives are being 

achieved. Overall project performance 

will be in one of three categories— 

exceeds, meets, or does not meet 

original projected unit cost. Unit cost at 

time of project designation will be 

compared to the unit cost during the 

performance evaluation. Unit cost will 

be calculated by dividing Public benefit 

by Public cost, then multiplying it by 

the Timeliness factor, each of which are 

described below: 

(i) Public benefit: Does the project 

meet the stated goals in shifting specific 

numbers of vehicles (number of trucks, 

rail cars or automobiles) off the 

designated landside routes (measured in 

miles, weighted for either urban or 

rural)? Other public benefits, including 

congestion reduction, energy savings, 

reduced emissions, and safety 

improvements will be assumed to be a 

direct derivative of either numbers of 

vehicles shifted, or vehicle/ton miles 

avoided, unless specific factors change 

(such as a change in vessel fuel or 

emissions). 

(ii) Public cost: Is the overall cost to 

the Federal government (if any) on track 

with estimates at the time of 

designation? The overall cost to the 

Federal government represents the 

amount of Federal investment (either 

direct funding, loan guarantees or 

similar mechanisms) reduced by the 

offsetting savings the project represents 

(road/bridge wear and tear avoided, 

infrastructure construction or expansion 

deferred). 

(iii) Timeliness factor: Is the project 

on track for the point at which the 

enterprise is projected to attain selfsufficiency? For example, if the project 

was anticipated to attain self-sufficiency 

after 36 months of operation, is it on 

track at the point of evaluation to meet 

that objective? This can be determined 

by assessing revenues, freight trends, 

expenses and other factors established 

in the application review process. 

§ 393.5. Incentives, Impediments and 

Solutions. 

(a) Summary. The purpose of this 

section is to identify short term 

incentives and solutions to 

impediments in order to encourage use 

of the Marine Highway for freight and 

passengers. 

(b) Objectives. This section is aimed at 

increasing the use of the Marine 

Highways through the following 

primary objectives: 

(1) Encourage the integration of 

Marine Highways in transportation 

plans at the State, regional and local 

levels. 

(2) Develop short term incentives 

aimed at expanding existing or starting 

new Marine Highway operations. 

(3) Identify and seek solutions to 

impediments to the Marine Highway. 

(c) Federal, State, Local, and Regional 

Transportation Planning. The 

Department of Transportation will 

coordinate with Federal, state and local 

governments and metropolitan planning 

organizations to develop strategies to 

encourage the use of America’s Marine 

Highway for transportation of 

passengers and cargo. Activities will 

include the following: 

(1) Work with State Departments of 

Transportation to assess plans and 

develop strategies, where appropriate, to 

incorporate Marine Highway 

transportation, including ferries, and 

other marine transportation solutions 

for regional and interstate transport of 

freight and passengers in their statewide 

and metropolitan transportation plans. 

(2) Facilitating groups of States and 

multi-State transportation entities to 

determine how Marine Highway 

transportation can address congestion, 

bottlenecks, and other interstate 

transportation challenges to their 

mutual benefit. 

(3) Identify other federal agencies that 

have jurisdiction over the Project or 

which currently provide funding for 

components of the project in order to 

determine the extent to which those 

agencies should be consulted with and 

invited to assist in the coordination 

process. 

(3) Consult with Federal Highway 

Administration, Federal Motor Carrier 

Safety Administration, Federal Railroad 

Administration, Federal Transit 

Administration and other entities 

within DOT, as appropriate to evaluate 

costs and benefits of proposed Marine 

Highway Corridors and Projects. 

(d) Short-Term Incentives. The 

Department of Transportation will 

develop proposed short-term incentives 

that would encourage the use, initiation, 

or expansion of Marine Highway 

services. This will be done in 

consultation with shippers and other 

participants in transportation logistics, 

and government entities, as appropriate. 

(e) Impediments and Solutions. The 

Department of Transportation will 

establish a Board in accordance with the 

Federal Advisory Committee Act 

(FACA) whose role is to identify 

impediments that hinder effective use of 

the Marine Highway and recommend 

solutions. The Board will meet regularly 

and report its findings and 

recommended solutions to the Maritime 

Administrator. Board membership will 

evolve as impediments are identified 

and the area of focus changes. 

Representation could include Federal 

Departments and Agencies, State 

Departments of Transportation, 

Metropolitan Planning Organizations 

and other local public entities and 

private sector stakeholders. The 

Department of Transportation will take 

actions, as appropriate, to address 

impediments to the Marine Highway. 

§ 393.6. Research on Marine Highway 

Transportation. 

(a) Summary. The Department of 

Transportation will work in 

consultation with the Environmental 

Protection Agency and other entities as 

appropriate, within the limits of 

available resources, to conduct research 

in support of America’s Marine 

Highway. Research can be general in 

nature, or in direct support of 

designated Marine Highway Corridors 

and Projects. 

(b) Objectives. The primary objectives 

of selected research Projects are to: 

(1) Identify and quantify 

environmental and transportationrelated benefits that can be derived from 

utilization of the Marine Highway as 

compared to other modes of surface 

transportation. 

(2) Identify existing or emerging 

technology, vessel design, and other 

improvements that would reduce 


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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59537 

emissions, increase fuel economy, and 

lower costs of Marine Highway 

transportation and increase the 

efficiency of intermodal transfers. 

Appendix to Part 393—Criteria for 

Initial Assessment of Marine Highway 

Project Applications 

By Order of the Secretary. 

Dated: October 2, 2008. 

Leonard Sutter, 

Maritime Secretary. 

[FR Doc. E8–23834 Filed 10–8–08; 8:45 am] 

BILLING CODE 4910–81–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 12 

[EB Docket No. 06–119; WC Docket No. 06– 

63; FCC 07–107] 

Recommendations of the Independent 

Panel Reviewing the Impact of 

Hurricane Katrina on Communications 

Networks 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: On August 12, 2008, the 

Office of Management and Budget 

(OMB) approved the information 

collection contained in § 12.3 of the 

Federal Communications Commission’s 

rules, regarding 911 and E911 analyses 

and reports, as adopted by the Federal 

Communications Commission 

(Commission) in its Order addressing 

the report and recommendations of the 

Independent Panel Reviewing the 

Impact of Hurricane Katrina on 

Communications Networks. 72 FR 

37655, July 11, 2007. The effective date 

for § 12.3 of the Commission’s rules was 

deferred until OMB approved this 

information collection. In this 

document, the Commission provides 

notice that § 12.3 of the Commission’s 

rules is effective on October 9, 2008. 

DATES: Section 12.3 of the Commission’s 

rules, 47 CFR 12.3, (72 FR 37655, July 

11, 2007) is effective on October 9, 2008. 

Respondents are required to submit 

their reports by February 6, 2009. 

ADDRESSES: Entities required to file 

reports through the E911 Architecture 

Information System should obtain login 

identifications, passwords and the URL 

for the system from John Healy in the 

Commission’s Public Safety and 

Homeland Security Bureau at 202–418– 

2448 or John.Healy@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about this 

information collection contact Jeffery 

Goldthorp, Chief, Communications 

Systems Analysis Division, Public 

Safety and Homeland Security Bureau, 

Federal Communications Commission at 

202–418–1096. 

SUPPLEMENTARY INFORMATION: In 

response to the report and 

recommendations of the Independent 

Panel Reviewing the Impact of 

Hurricane Katrina on Communications 

Networks, the Commission took a 

number of steps to improve the 

reliability and resiliency of 

communications networks. Among the 

actions taken by the Commission was 

the adoption of § 12.3 of the 

Commission’s rules, which requires 

local exchange carriers (LECs), 

commercial mobile radio service 

(CMRS) providers required to comply 

with § 20.18 of the Commission’s rules, 

and interconnected Voice over Internet 

Protocol (VoIP) service providers to 

analyze their 911 and E911 networks 

and/or systems and provide reports 

addressing the redundancy, resiliency 

and reliability of those networks and/or 

systems. The Commission exempts the 

following entities from this rule: (1) 

LECs that meet the definition of a Class 

B company set forth in § 32.11(b)(2) of 

the Commission’s rules; (2) nonnationwide CMRS providers with no 

more than 500,000 subscribers at the 

end of 2001; and (3) interconnected 

VoIP service providers with annual 

revenues below the revenue threshold 

established pursuant to § 32.11 of the 

Commission’s rules. The effective date 

for § 12.3 of the Commission’s rules was 

deferred until OMB approved the 

information collection. 72 FR 37655, 

July 11, 2007. On August 12, 2008, the 

Office of Management and Budget 

approved this information collection. 73 

FR 50012, August 25, 2008. (OMB 

Control Number: 3060–1119.) The 

details of this information collection 

were set forth in a previous notice. 73 

FR 39305, July 9, 2008. Section 12.3 of 


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