62472 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 

Subpart RR—Tennessee 

■ 2. Section 52.2235 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2235 Control strategy: Ozone. 

* * * * * 

(c) Determination of Attaining Data. 

EPA has determined, as of October 12, 

2010 the Knoxville, Tennessee 

nonattainment area has attaining data 

for the 1997 8-hour ozone NAAQS. This 

determination, in accordance with 40 

CFR 51.918, suspends the requirements 

for this area to submit an attainment 

demonstration, associated reasonably 

available control measures, a reasonable 

further progress plan, contingency 

measures, and other planning SIPs 

related to attainment of the standards 

for as long as this area continues to meet 

the 1997 8-hour ozone NAAQS. 

[FR Doc. 2010–25461 Filed 10–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 389 

[Docket No. MARAD–2008–0045] 

RIN 2133–AB67 

Determination of Availability of 

Coastwise-Qualified Vessels for the 

Transportation of Platform Jackets 

AGENCY: Maritime Administration, DOT. 

ACTION: Final rule. 

SUMMARY: The Maritime Administration 

(MARAD) is publishing this final rule to 

establish regulations governing 

administrative determinations of 

availability of coastwise-qualified 

vessels to be used in the transportation 

and, if needed, launch or installation of 

offshore oil drilling or production 

platform jackets in specified projects 

only. MARAD views this as a special, 

technical adjustment that does not 

indicate a change in MARAD’s full 

support for other requirements of the 

coastwise laws. 

Specifically, this final rulemaking 

implements provisions of Public Law 

108–293 (2004) (the Act) which requires 

the Secretary of Transportation, acting 

through the Maritime Administrator, to 

adopt procedures to maximize use of 

coastwise-qualified vessels, but would 

permit the use of non-coastwisequalified (foreign) launch barges if it is 

determined that coastwise-qualified 

vessels are not available. 

DATES: This final rule will be effective 

November 12, 2010. 

ADDRESSES: For access to the docket to 

read background documents, go to 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Murray A. Bloom, Chief, Division of 

Maritime Programs, Office of Chief 

Counsel, Maritime Administration, 1200 

New Jersey Ave., SE., Washington, DC 

20590; Ph. (202) 366–5320, fax: (202) 

366–3511; or e-mail 

murray.bloom@dot.gov. 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking was published 

on August 15, 2005 (70 FR 47771). 

Three years later an interim final rule 

was published on May 29, 2008 (73 FR 

30783). 

Public Comments Discussion 

In the Interim Final Rule published 

on May 29, 2008, MARAD offered the 

public the opportunity to submit 

comments, which were due by July 28, 

2008. Based on consideration of 

comments received, MARAD made 

changes incorporated into this final 

rule. 

MARAD received three sets of 

comments on the Interim Final Rule 

from three entities. A summary of the 

comments received and MARAD’s 

responses follows: 

Item #1: Two commenters noted that 

the enabling legislation provided that 

launch barge work can be conducted by 

any coastwise-qualified vessel, not 

exclusively coastwise-qualified launch 

barges. 

Maritime Administration: MARAD 

changed the final rule to reflect that a 

coastwise-qualified vessel may meet the 

definition of a launch barge even if it is 

not capable of launching a platform 

jacket or needs the assistance of other 

coastwise-qualified vessels in the 

installation of a platform jacket. 

Item #2: Two commenters pointed out 

that the Interim Final Rule contained no 

incentive for a project owner to search 

in good faith for available coastwisequalified services. 

Maritime Administration: The rule 

has been amended to require a good 

faith search for a coastwise-qualified 

vessel. Refusal to attempt to obtain 

coastwise-qualified vessel services will 

result in an application being 

disapproved. 

Item #3: One commenter noted that 

the Interim Final Rule contained no 

transition period to implement the 21- 

month application process and 

recommended an interim transition 

period that would require companies 

with offshore projects to make their 

intentions known at an early time. 

Maritime Administration: MARAD 

did not amend the regulation to 

specifically provide for a transition 

period to implement the 21-month 

application process or provide an 

interim transition period. MARAD does 

not believe a change to the regulation 

with regard to a transition period is 

required, as the Interim Final Rule 

already provides the agency with the 

flexibility to adjust due dates on a caseby-case basis. Please see Section 389.4 

Application and fee, paragraph (2), 

specifically, ‘‘(2) MARAD reserves the 

right to waive or reduce or extend the 

time requirements based upon its 

evaluation of any national emergency or 

other situation.’’ 

Item #4: MARAD also received 

comments requesting that: (a) The 21- 

month advance-notice period be ruled 

unrealistic, (b) offshore contractors and 

foreign vessel owners, in addition to 

platform owners and operators, should 

be allowed to apply for waivers, (c) the 

time period for which a waiver is valid 

should be extended to project 

completion instead of being limited to 

120 days, and (d) that it be clarified that 

MARAD has the authority to approve an 

incomplete application for ‘‘good cause’’ 

in certain circumstances. 

Maritime Administration: The issues 

addressed in items (a) and (b) have been 

discussed and reviewed in previous 

comment periods. In response to item 

(c), the Interim Final Rule already 

allows MARAD to extend a waiver 

granted for good cause, which the 

agency finds satisfactory. Regarding 

item (d), because the Interim Final Rule 

allows for flexibility in the application 

of deadlines and waiver time periods, 

and because MARAD may give the 

applicant an opportunity to redress any 

deficiencies in its application, there is 

enough flexibility to effectively 

administer the application process 

under the public law. Therefore, no rule 

changes were made based on the 

comments noted above. 

Section 27 of the Merchant Marine 

Act of 1920, commonly known as the 

Jones Act (46 U.S.C. 55102), requires, 

with a few exceptions, that all cargo 

transported in the coastwise trade be 

carried on ships that are U.S.-owned 

and U.S.-built. In 1988 the Jones Act 

was amended to allow for the use of 

foreign-built platform jacket launch 

barges in the coastwise trade if no U.S.- 

built vessels were found to be available. 

Subsequently, Section 417 of the Coast 

Guard and Maritime Transportation Act 

of 2004, Public Law 108–293 (the Act), 

codified at 46 U.S.C. 55108, directed the 

Secretary of Transportation to establish 

procedures to issue determinations as to 

whether suitable U.S.-built vessels are 

available for use in transportation and, 

if needed, launch or installation of 


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offshore oil drilling or production 

structures (platform jackets), and to 

maximize use of U.S.-built coastwisequalified vessels for such activities. The 

Act provides that if the Secretary 

determines that a suitable coastwisequalified vessel is not available for use 

in specified platform jacket 

transportation or a launch or installation 

project, a foreign launch barge may be 

used. An Interim Final Rule (73 FR 

30783) implementing this Act was 

published on May 29, 2008, which 

MARAD is now making final. 

Program Description 

In this rulemaking, MARAD is 

establishing procedures to determine if 

coastwise-qualified vessels are available 

for transportation of platform jackets 

and if coastwise-qualified vessels are 

not available, the procedures by which 

MARAD will make a determination 

allowing a foreign launch barge to 

transport and, if needed, launch or 

install a platform jacket under certain 

conditions. 

MARAD will request coastwisequalified launch barge owners, 

operators, and other potentially 

interested parties, to register with 

MARAD on an annual basis with their 

full contact information. 

The registration process for platform 

owners/operators begins with 

notification to MARAD of a proposed 

offshore platform jacket project to be 

submitted at the same time an owner/ 

operator files with the Bureau of Ocean 

Energy Management, Regulation and 

Enforcement for Development and 

Production Plan (DPP) or Development 

Operations Coordination Document 

(DOCD) approval. Registration must be 

at least 21 months before projected use 

of a foreign launch barge. The 

notification information provided to 

MARAD must include the projected 

summary specifications of the platform 

jacket to be transported and, if needed, 

launched or installed, the approximate 

date of the operation, and contact 

information for the platform owner/ 

operator representatives having 

decision-making responsibility with 

respect to the transportation and 

installation of the platform jacket. This 

information will be made available to 

the public in order to ‘‘provide timely 

information to ensure maximum use of 

coastwise qualified vessels’’ as is 

required by the Act. At the same time, 

MARAD will provide the current list of 

potentially interested registered vessel 

owner/operators to the platform owner/ 

operator so it can begin canvassing the 

market and entering into discussions for 

service. 

If a platform owner/operator is unable 

to find a potential coastwise-qualified 

vessel, it may apply for a determination 

of non-availability of a coastwisequalified vessel once MARAD 

determines that the prior notice 

requirement has been met. Applications 

must include the complete engineering 

specifications for the platform jacket to 

be transported, operational details for 

the loading, transport, launching or 

installation, timing requirements, and 

the foreign launch barge proposed to be 

used. 

Upon receipt of a complete 

application, including deposit fee, 

MARAD will publish a notice in the 

Federal Register requesting that 

comments and information on the 

availability of coastwise-qualified 

vessels be submitted within 30 days. 

MARAD will provide a final 

determination within 90 days thereafter. 

MARAD may also canvas the market. If, 

after the comment period, the agency 

determines that a suitable coastwisequalified vessel is not available for the 

project, upon receipt of final payment 

for all associated costs, MARAD will 

issue a determination of nonavailability, allowing the transportation, 

launch or installation to proceed by 

means of the foreign-built launch barge. 

MARAD will not act on incomplete 

applications. For example, without 

evidence of early notification, or if fees 

are not paid, or if an application is 

otherwise incomplete, MARAD will not 

act on the application. However, the 

agency will request the applicant’s 

rectification of application errors and 

omissions. MARAD may reject a request 

for a determination if the application 

remains incomplete. 

Applicants are encouraged to provide 

MARAD and the public with as much 

notice as possible in advance of projects 

requiring platform transportation 

services because vessels capable of 

transporting platform jackets have long 

lead times for construction. Early 

notification will help ensure maximum 

utilization of coastwise-qualified vessels 

and assist MARAD in its review process. 

Application Fee 

Title V of the Independent Offices 

Appropriations Act of 1952 (IOAA) (31 

U.S.C. 9701) authorizes Federal agencies 

to establish and collect user fees. The 

statute provides that each service or 

thing of value provided by an agency 

should be self-sustaining to the extent 

possible, and that each charge shall be 

fair and based on the costs to the 

Government, the value of the service or 

thing to the recipient, the policy or 

interest served, and other relevant 

factors. 31 U.S.C. 9701. 

The primary guidance for 

implementation of the IOAA is the 

Office of Management and Budget 

(OMB) Circular No. A–25 (‘‘User 

Charges,’’ July 8, 1993). Circular A–25, 

section 6, directs agencies to charge 

identifiable recipients for special 

benefits derived from Federal activities 

beyond those received by the general 

public. Circular A–25 further directs 

agencies, with limited exceptions, to 

recover the full cost of providing a 

Government service from the direct 

recipients of special benefits. ‘‘Full cost’’ 

is defined as including ‘‘all direct and 

indirect costs to any part of the Federal 

Government of providing a good, 

resource, or service.’’ 

Because determinations of availability 

under Part 389 represent special 

benefits to identifiable recipients (i.e., 

platform owners/operators) that are 

beyond the benefits and services 

normally received by the general public, 

the IOAA and Circular A–25 direct 

MARAD to assess user fees for 

providing this service. 

The main cost components of the 

determination process include direct 

and indirect personnel costs and 

Federal Register publication costs. 

MARAD will charge for the actual 

number of hours at the relevant hourly 

rates, plus associated overhead and 

administrative costs. MARAD will also 

charge the applicant for the cost of 

publishing notices of application in the 

Federal Register. As of October 1, 2010, 

the Federal Register publication cost 

will be $159 per column and the average 

length of a public notice published for 

this program is estimated to be three 

columns. Thus, the total average 

publication cost currently is estimated 

to be about $477.00. The total of 

personnel costs and Federal Register 

publication costs is estimated to range 

from $500 to $20,000 or more, 

depending upon the extent of the 

required review. Each application will 

require a $500 deposit and payment of 

any additional costs prior to final 

determination. 

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 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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
62474 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 

104–121. MARAD believes that the 

economic impact of this rulemaking is 

so minimal as to not warrant the 

preparation of a full regulatory 

evaluation because it establishes 

procedures to determine if a coastwisequalified vessel is available for use in a 

project and, if not, to allow the use of 

a foreign launch barge. 

Executive Order 13132 

MARAD analyzed this rulemaking in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (Federalism) and 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, MARAD did not consult with 

State and local officials because it was 

not necessary. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires MARAD to assess the impact 

that regulations will have on small 

entities. After analysis of this final rule, 

the Maritime Administrator certifies 

that this final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

MARAD anticipates that few, if any, 

small entities will participate in this 

process due to the nature of the 

shipping industry and the capital costs 

associated with vessels to be considered 

within this rule. 

Environmental Assessment 

MARAD has analyzed this final rule 

for purposes of compliance with the 

National Environmental Policy Act of 

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

and has concluded that this rule is not 

expected to have a significant effect on 

the human and natural environment, 

individually or cumulatively, and is 

categorically excluded from further 

documentation requirements under the 

NEPA by Maritime Administrative 

Order 600–1, ‘‘Procedures for 

Considering Environmental Impacts,’’ 50 

FR 11606 (March 22, 1985), Categorical 

Exclusion No. 3. In pertinent part, 

Categorical Exclusion No. 3 applies to 

promulgation of rules, regulations, 

directives, and amendments thereto 

which do not require a regulatory 

impact analysis under section 3 of 

Executive Order 12291 or do not have 

a potential to cause a significant effect 

on the environment. 

Accordingly, neither the preparation 

of an Environmental Assessment, an 

Environmental Impact Statement, nor a 

Finding of No Significant Impact for this 

rulemaking is required. This rulemaking 

will not result, either individually or 

cumulatively, in a significant impact on 

the environment. This rulemaking only 

relates to the determination of whether 

a coastwise-qualified vessel is available 

for a project, and, if not, allows for use 

of a foreign launch barge. 

Paperwork Reduction Act 

The rulemaking does not require 

Paperwork Reduction Act clearance by 

the Office of Management and Budget 

(OMB) because the collection is limited 

in scope to fewer than ten respondents. 

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. 

Executive Order 13175 

MARAD believes that this regulation 

will have no significant or unique effect 

on the communities of Indian tribal 

governments when analyzed under the 

principles and criteria contained in 

Executive Order 13175 (Consultation 

and Coordination with Indian Tribal 

Governments). Therefore, the funding 

and consultation requirements of this 

Executive Order do not apply. 

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 contained in the heading 

of this document can be used to crossreference this action with the Unified 

Agenda. 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received in any of MARAD’s 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. DOT’s 

complete Privacy Act Statement is 

available for review in the Federal 

Register published on April 11, 2000 

(Volume 65, Number 70; Pages 19477– 

78) and at www.regulations.gov. 

List of Subjects in 46 CFR Part 389 

Administrative practice and 

procedure, Maritime carriers, Reporting 

and recordkeeping requirements. 

■ Accordingly, the interim rule 

amending 46 CFR part 389 which was 

published at 73 FR 30783 on May 29, 

2008, is adopted as a final rule with the 

following changes. The Maritime 

Administration revises part 389 to read 

as follows: 

PART 389—DETERMINATION OF 

AVAILABILITY OF COASTWISEQUALIFIED VESSELS FOR 

TRANSPORTATION OF PLATFORM 

JACKETS 

Sec. 

389.1 Purpose. 

389.2 Definitions. 

389.3 Registration. 

389.4 Application and fee. 

389.5 Review; issuance of determinations. 

Authority: 49 U.S.C. 322(a); 46 U.S.C. 

55102; 46 U.S.C. 55108; Public Law 108–293, 

118 Stat 1028; and 49 CFR 1.66. 

§ 389.1 Purpose. 

This part prescribes regulations 

implementing the provisions of section 

417 of Public Law 108–293, which 

grants the Secretary of Transportation, 

acting through the Maritime 

Administrator, the authority to review 

and approve applications for 

determination of availability of 

coastwise-qualified vessels. Owners or 

operators of proposed platform jackets 

may submit information regarding a 

specific platform jacket transport, 

placement and/or launch project, 

following the procedures set forth in 

this regulation, in order for the Maritime 

Administration to determine whether a 

suitable coastwise-qualified vessel is 

available for the project. If the agency 

determines that a project owner has 

registered as required herein and sought 

in good faith to meet its transportation 

needs using U.S. flag vessels in 

compliance with the Jones Act, and that 

a suitable coastwise qualified vessel is 

not available, then a foreign launch 

barge may be used. 

§ 389.2 Definitions. 

For the purposes of this Part: 

Administrator means the Maritime 

Administrator. 

Applicant means the offshore 

development person, entity, or company 

as identified to the Bureau of Ocean 

Energy Management, Regulation and 

Enforcement in its Development 

Production Plan (DPP) or Development 

Operations Coordination Document 

(DOCD), which has applied to the 

Maritime Administration for a waiver. 


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Classed as a launch barge by a 

recognized classification Society means 

that the vessel holds a current 

classification document to be used as a 

launch barge by at least one of the 

following classification societies: 

American Bureau of Shipping (ABS), 

Bureau Veritas (BV), Lloyd’s Register 

(LR), Germanischer Lloyd (GL), Det 

Norske Veritas (DNV) or Registro 

Italiano Navale (RINA). 

Coastwise-qualified vessel means a 

vessel that has been issued a certificate 

of documentation with a coastwise 

endorsement under 46 U.S.C. 12112. 

Coastwise Trade Laws include: 

(1) The Coastwise Endorsement 

Provision of the Vessel Documentation 

Laws (46 U.S.C. 12112); 

(2) The Passenger Vessel Services Act, 

section 8 of the Act of June 19, 1886 (46 

U.S.C. 55103); 

(3) The Jones Act, section 27 of the 

Merchant Marine Act, 1920 (46 U.S.C. 

55102); and 

(4) Section 2(c) of the Shipping Act of 

1916 (46 U.S.C. 50501). 

Foreign launch barge, for the purpose 

of this part, means a non-coastwisequalified launch barge that was built 

before December 31, 2000, and has a 

launch capacity of 12,000 long tons or 

more. 

Launch barge means a vessel that is 

technically capable of transporting and, 

if needed, launching or installing an 

offshore drilling or production platform 

jacket, provided that a coastwisequalified vessel may meet this 

definition even if it is not capable of 

launching such a platform jacket, and 

even if it requires the involvement of 

one or more other vessels in connection 

with the installation of such a platform 

jacket. 

A long ton equals 2,240 pounds. 

Platform jacket refers to a single 

physical component and includes any 

type of offshore exploration, 

development, or production structure or 

component thereof, including platform 

jackets, tension leg, or SPAR platform 

superstructures (including the deck, 

drilling rig and support utilities, and 

supporting structure), hull (including 

vertical legs and connecting pontoons or 

vertical cylinder), tower and base 

sections of a platform jacket, jacket 

structures, and deck modules (known as 

‘‘topsides’’). 

Secretary means the Secretary of the 

Maritime Administration. 

§ 389.3 Registration. 

In order to provide timely notification 

and to identify potential participants to 

each other so they may examine how 

they can best work together to maximize 

use of coastwise-qualified vessels, the 

Maritime Administration will require 

early notification as outlined in this 

section. 

(a) Registration of coastwise-qualified 

vessel for platform jacket transportation. 

In January of each calendar year, the 

Maritime Administration will publish a 

notice in the Federal Register 

requesting that owners or operators or 

potential owners or operators of 

coastwise-qualified launch barges, or 

other interested parties notify the 

agency of: 

(1) Their interest in participating in 

the transportation and, if needed, the 

launching or installation of offshore 

platform jackets; 

(2) Provide the agency with their 

contact information; and, 

(3) Provide specifications of any 

currently owned or operated coastwisequalified launch barges or plans to 

construct same. 

(b) Registration requirement for 

transportation of platform jackets when 

non-coastwise-qualified vessels may be 

required. When a current or potential 

owner or operator of any type of 

offshore exploration, development, or 

production structure expects to require 

the use of a non-coastwise-qualified 

vessel in the transportation of a platform 

jacket it must notify the Maritime 

Administration. Such notification must 

be on the earlier of either: 

(1) The date of filing of the 

Development and Production Plan 

(DPP) or Development Operations 

Coordination Document (DOCD) with 

the Bureau of Ocean Energy 

Management, Regulation and 

Enforcement as required by 30 CFR 

250.201; or 

(2) A date not later than twenty-one 

(21) months before the proposed date of 

using a non-coastwise qualified vessel 

for transportation of a platform jacket. 

(c) The early notification information 

to be provided to the Maritime 

Administration by a platform owner or 

operator shall include: 

(1) A summary of technical details of 

the platform jacket to be transported 

and, if needed, launched or installed; 

(2) The projected physical 

specification of a suitable vessel to be 

used in the project; 

(3) The projected time period, and 

load and destination sites, for the 

platform jacket transportation; and 

(4) Full contact information for the 

applicant and its representatives having 

decision-making authority with respect 

to the utilization of vessels for 

transportation and, if needed, the 

launching or installation of a platform 

jacket. 

(d) The information in paragraphs (a), 

(b), and (c) of this section must be 

submitted either electronically to 

cargo.MARAD@dot.gov or delivered to 

the Secretary, Maritime Administration, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. Any 

information that is business confidential 

must be so identified and accompanied 

by a justification for that 

characterization. 

(e) The Maritime Administration will 

publish a list of potential coastwisequalified launch barge owners/operators 

on the agency’s Web site at http:// 

MARAD.dot.gov. The Maritime 

Administration will publish a summary 

of early notification information 

delineated by paragraph (c) of this 

section on its Web site and also 

disseminate it to registered potential 

coastwise-qualified launch barge 

owners/operators and other interested 

parties. 

§ 389.4 Application and fee. 

(a) When, after surveying the market 

and discussing the platform project with 

potential coastwise-qualified vessel 

owners/operators, it appears that 

coastwise-qualified vessels will not be 

available for a project, the platform 

jacket owner/operator may apply to the 

Maritime Administration for a 

determination of non-availability and 

request authority to use a foreign launch 

barge. 

(b) A complete application must be 

submitted to the Secretary, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 at 

least 120 days prior to the proposed 

platform jacket transportation date. 

(1) The Maritime Administration 

reserves the right to waive, reduce, or 

extend the time requirements based 

upon its evaluation of any national 

emergency or other relevant 

consideration. 

(c) Applications must contain the 

information set forth in paragraphs (c) 

and (d) of this section and be 

accompanied by a statement signed by 

an officer of the applicant containing 

the following language: 

‘‘This application is made for the 

purpose of inducing the United States of 

America to grant a determination of 

non-availability of a coastwise-qualified 

vessel as set forth in 46 U.S.C. 55108. 

I have carefully examined the 

application and all documents 

submitted and, to the best of my 

knowledge, information and belief, the 

statements and representations 

contained in said application and 

related documents are full, complete, 

accurate and true. Further, I agree to pay 

any fees that result from the work 

required by this application. 

Signature: llllllllllllllll


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Name (typed): llllllllllllll

Title: llllllllllllllllll

Date: llllllllllllllllll

(d) The applicant must submit a nonrefundable check in the amount of $500 

(Five Hundred Dollars) made payable to 

the Maritime Administration, which is a 

minimum fee and represents a deposit 

against any cost to the Government for 

processing the application. The 

applicant must also submit a signed 

statement (see paragraph (c) of this 

section) that it agrees to pay all such 

additional costs that will be invoiced by 

the Government. Government costs will 

be billed for actual staff hours spent at 

applicable hourly rates plus overhead, 

administrative and other associated 

costs. 

(e) Required platform jacket 

transportation project information. 

(1) Applications must include a 

general description of the transport, 

placement and/or launch project, 

including: 

(i) A description of the platform jacket 

structure with launching weight, center 

of gravity, major dimensions, and a 

general arrangement plan, 

(ii) The projected loading date and 

site, 

(iii) The projected transportation date 

and destination site, 

(iv) The names of potential coastwisequalified vessel owners/operators 

contacted and their responses regarding 

suitability and availability of 

transportation vessels, and 

(v) The technical merits and 

availability studies of coastwisequalified vessels considered. 

(2) Characteristics of the applicant’s 

desired foreign launch barge, including, 

at a minimum, the following 

information: 

(i) Name of the vessel, 

(ii) Registered owner of the vessel, 

(iii) Physical dimensions, deadweight 

capacity in long tons, ballasting 

capacities and arrangements, and 

launch capacity in long tons and 

arrangements, 

(iv) Documentation showing 

classification as a launch barge by one 

of the following classification societies: 

American Bureau of Shipping (ABS), 

Bureau Veritas (BV), Lloyd’s Register 

(LR), Germanischer Lloyd (GL), Det 

Norske Veritas (DNV) or Registro 

Italiano Navale (RINA). 

(v) Date and place of construction of 

the foreign launch barge and (if 

applicable) rebuilding. If the applicant 

is unable to document the origin of the 

vessel, foreign construction will be 

assumed. 

(vi) Name, address, e-mail address 

and telephone number of the foreign 

launch vessel owner. 

(3) A signed statement that the 

applicant represents that the foregoing 

information is true to the best of the 

applicant’s knowledge and belief, as 

required by paragraph (b) of this section. 

(f) The Maritime Administration may 

require additional information from an 

applicant as part of the review process. 

The application will not be considered 

complete until the agency has received 

all required information. 

§ 389.5 Review; issuance of 

determinations. 

(a) The Maritime Administration will 

review each application for 

completeness, including evidence of 

prior notification and payment of the 

application fee. Applications will not be 

processed until deemed complete. The 

Maritime Administration will notify an 

applicant if additional information is 

necessary. The agency encourages 

submission of applications well in 

advance of project dates in order to 

allow sufficient time for review under 

this part. 

(b) The Maritime Administration will 

review the information required by 

Section 389.4. When the application is 

deemed complete, the agency will 

publish a notice in the Federal Register 

describing the project and platform 

jacket involved, advising that all 

relevant information reasonably 

necessary to assess the transportation 

requirements will be made available to 

interested parties upon request. The 

notice will request that information on 

the availability of coastwise-qualified 

vessels be submitted within thirty (30) 

days after the publication date. The 

Maritime Administration will also 

notify coastwise-qualified owners/ 

operators who have registered with per 

§ 389.3. 

(c) The Maritime Administration will 

review any submissions whereby an 

offeror owner or operator of a coastwisequalified vessel asserts it is available 

and will facilitate discussions between 

the offeror and a platform jacket owner/ 

operator who requires transportation 

services. If the parties are unable to 

reach agreement, the Maritime 

Administration will make a 

determination regarding vessel 

availability. 

(d) If needed, the Maritime 

Administration’s technical personnel 

will review data required by § 389.4. 

The data must be complete and current. 

Any data submitted will not be returned 

to an applicant and will be retained by 

the agency on file further to applicable 

record retention directives. Maritime 

Administration review will not 

substitute for the review or approval by 

a major classification society (ABS, BV, 

LR, GL, DNV, RINA). Maritime 

Administration review will not verify 

the accuracy or correctness of an 

applicant’s engineering proposal; rather, 

it will only pertain to the general 

reasonableness and soundness of the 

technical approach. 

(e) The Maritime Administration will 

disapprove the application if: 

(1) The agency finds the applicant 

does not comply with requirements set 

forth by § 389.3 or § 389.4; or 

(2) The agency finds that the 

applicant refused to attempt to obtain 

transportation services that comply with 

the Jones Act; or 

(3) The agency determines a suitable 

coastwise-qualified vessel is reasonably 

available. 

(f) The Maritime Administration will 

issue a determination of non-availability 

if it is determined that no suitable 

coastwise-qualified vessel is reasonably 

available. 

(g) A determination will be issued 

within ninety (90) days from the date 

the application notice was published in 

the Federal Register. 

(h) A determination of nonavailability will expire one-hundred and 

twenty (120) days after the date of 

issuance, unless the agency provides an 

extension for good cause shown. 

(i) Maritime Administration 

determinations in this regard should not 

be interpreted as a change setting new 

Federal maritime precedents. The 

Maritime Administration fully supports 

the Jones Act, the Passenger Vessel 

Services Act, and other Federal U.S.-flag 

requirements. 

Dated: September 30, 2010. 

By order of the Maritime Administrator. 

Christine S. Gurland, 

Secretary, Maritime Administration. 

[FR Doc. 2010–25229 Filed 10–8–10; 8:45 am] 

BILLING CODE 4910–81–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[ET Docket No. 98–153 and 04–352; FCC 

10–151] 

Ultra-Wideband Transmission Systems 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document reaffirms 

certain rules and procedures for ultrawideband (‘‘UWB’’) devices that operate 

on an unlicensed basis of the 

Commission’s rules. This action 

terminates the Ultra-Wideband 


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