80_FR_25089 80 FR 25005 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MOKULANI; Invitation for Public Comments

80 FR 25005 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MOKULANI; Invitation for Public Comments

DEPARTMENT OF TRANSPORTATION
Maritime Administration

Federal Register Volume 80, Issue 84 (May 1, 2015)

Page Range25005-25006
FR Document2015-10291

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.

Federal Register, Volume 80 Issue 84 (Friday, May 1, 2015)
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 25005-25006]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10291]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2015-0045]


Requested Administrative Waiver of the Coastwise Trade Laws: 
Vessel MOKULANI; Invitation for Public Comments

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of 
Transportation, as represented by the Maritime Administration (MARAD), 
is authorized to grant waivers of the U.S.-build requirement of the 
coastwise laws under certain circumstances. A request for such a waiver 
has been received by MARAD. The vessel, and a brief description of the 
proposed service, is listed below.

DATES: Submit comments on or before June 1, 2015.

ADDRESSES: Comments should refer to docket number MARAD-2015-0045. 
Written comments may be submitted by hand or by mail to the Docket 
Clerk, U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590. You may also send comments electronically via the 
Internet at http://www.regulations.gov. All comments will become part 
of this docket and will be available for inspection and copying at the 
above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, 
except federal holidays. An electronic version of this document and all 
documents entered into this docket is available on the World Wide Web 
at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE., 
Room W23-453, Washington, DC 20590. Telephone 202-366-0903, Email 
Linda.Williams@dot.gov.

SUPPLEMENTARY INFORMATION: As described by the applicant the intended 
service of the vessel MOKULANI is:
    Intended Commercial Use of Vessel: Half day sailing tours, 6 pack.
    Geographic Region: ``Hawaii.''
    The complete application is given in DOT docket MARAD-2015-0045 at 
http://www.regulations.gov. Interested parties may comment on the 
effect this action may have on U.S. vessel builders or businesses in 
the U.S. that use U.S.-

[[Page 25006]]

flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 
and MARAD's regulations at 46 CFR part 388, that the issuance of the 
waiver will have an unduly adverse effect on a U.S.-vessel builder or a 
business that uses U.S.-flag vessels in that business, a waiver will 
not be granted. Comments should refer to the docket number of this 
notice and the vessel name in order for MARAD to properly consider the 
comments. Comments should also state the commenter's interest in the 
waiver application, and address the waiver criteria given in Sec.  
388.4 of MARAD's regulations at 46 CFR part 388.

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).

    By Order of the Maritime Administrator.

    Dated: April 24, 2015.
Thomas M. Hudson,
Acting Secretary, Maritime Administration.
[FR Doc. 2015-10291 Filed 4-30-15; 8:45 am]
 BILLING CODE 4910-81-P



                                                                                    Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices                                          25005

                                                  Request for Exemption                                   172.800(b)(13) would be eligible for this             DEPARTMENT OF TRANSPORTATION
                                                     Under 49 CFR 172.800–804,                            exemption. Drivers operating under this
                                                  administered by PHMSA, carriers of                      exemption could count up to 30                        Maritime Administration
                                                  certain security-sensitive HM must                      minutes of their on-duty attendance                   [Docket No. MARAD–2015–0045]
                                                  develop special plans that account for                  time toward a required rest break,
                                                  personnel, cargo, and en route security.                provided that they perform no other on-               Requested Administrative Waiver of
                                                  Although not mandatory, ‘‘constant                      duty activities during the rest-break                 the Coastwise Trade Laws: Vessel
                                                  attendance’’ of the cargo is included by                period.                                               MOKULANI; Invitation for Public
                                                  most carriers in their security plans.                     The driver would be required to                    Comments
                                                     ‘‘Constant attendance’’ on a CMV is                  annotate the record of duty status (‘‘log             AGENCY: Maritime Administration,
                                                  considered ‘‘on duty time,’’ as defined                 book’’) to show the time claimed as a                 Department of Transportation.
                                                  in 49 CFR 395.2. However, CMV drivers                   rest break was on-duty time because he/               ACTION: Notice.
                                                  are subject to rest break requirements in               she was required to follow the carrier’s
                                                  Section 395.3(a)(3)(ii), which prohibit                 security plan, which in turn required                 SUMMARY:   As authorized by 46 U.S.C.
                                                  them from driving a CMV if more than                    ‘‘attendance’’ on an HM load.                         12121, the Secretary of Transportation,
                                                  8 consecutive hours have passed since                                                                         as represented by the Maritime
                                                                                                             It should be noted that a carrier or
                                                  the driver’s last off-duty or sleeper-berth                                                                   Administration (MARAD), is authorized
                                                  period of 30 minutes or more. Drivers                   driver would have no reason to claim to
                                                                                                          be operating under this exemption                     to grant waivers of the U.S.-build
                                                  who are required by their carrier’s HM                                                                        requirement of the coastwise laws under
                                                  security plan to maintain constant on-                  unless it was necessary to do so to avoid
                                                                                                          a regulatory conflict. While under the                certain circumstances. A request for
                                                  duty attendance on the CMV whenever                                                                           such a waiver has been received by
                                                  stopped, cannot also comply with the                    exemption, if granted, the driver’s rest-
                                                                                                          break time would be on-duty and count                 MARAD. The vessel, and a brief
                                                  off-duty rest break requirement of                                                                            description of the proposed service, is
                                                  Section 395.3(a)(3)(ii).                                against the 60 or 70-hour on-duty limit.
                                                                                                                                                                listed below.
                                                     Section 397.5 requires drivers                       A rest break taken without using this
                                                                                                          exemption would be off-duty and not be                DATES: Submit comments on or before
                                                  transporting cargo classified as Division                                                                     June 1, 2015.
                                                  1.1, 1.2, or 1.3 (explosive) materials to               included in the 60/70 hour limit.
                                                                                                                                                                ADDRESSES: Comments should refer to
                                                  attend the cargo at all times. There is no                 ATA contends that allowing these
                                                                                                                                                                docket number MARAD–2015–0045.
                                                  regulatory conflict for these drivers,                  drivers to count up to 30 minutes of                  Written comments may be submitted by
                                                  however, because Section 395.1(q)                       their attendance time toward a required               hand or by mail to the Docket Clerk,
                                                  specifically allows them to count up to                 rest break, provided they perform no                  U.S. Department of Transportation,
                                                  30 minutes of their on-duty attendance                  other on-duty activities during the                   Docket Operations, M–30, West
                                                  time toward the rest break requirement,                 break, would likely achieve a level of                Building Ground Floor, Room W12–140,
                                                  provided that they perform no other on-                 safety equivalent to, or greater than, the            1200 New Jersey Avenue SE.,
                                                  duty activities during that period.                     level that would be achieved by the                   Washington, DC 20590. You may also
                                                     ATA initially asked FMCSA ‘‘to                       current regulation because the                        send comments electronically via the
                                                  clarify that drivers can exercise constant              attendance duty would be unlikely to                  Internet at http://www.regulations.gov.
                                                  attendance over a vehicle without                       contribute to driver fatigue. ATA further             All comments will become part of this
                                                  having to remain on duty.’’ After                       contends that allowing these drivers to               docket and will be available for
                                                  discussion with Agency officials,                       count up to 30 minutes of their                       inspection and copying at the above
                                                  however, ATA agreed that its request                    attendance time toward a required rest                address between 10 a.m. and 5 p.m.,
                                                  should be treated as an exemption                       break would provide security benefits                 E.T., Monday through Friday, except
                                                  application. All correspondence on this                 superior to the current practices.                    federal holidays. An electronic version
                                                  issue has been placed in the docket
                                                                                                          Request for Comments                                  of this document and all documents
                                                  listed at the beginning of this notice.
                                                                                                                                                                entered into this docket is available on
                                                  The exemption request has been filed on
                                                                                                             In accordance with 49 U.S.C.                       the World Wide Web at http://
                                                  behalf of all carriers whose drivers
                                                                                                          31315(b)(4) and 31136(e), FMCSA                       www.regulations.gov.
                                                  transport HM loads requiring placarding
                                                                                                          requests public comment on ATA’s                      FOR FURTHER INFORMATION CONTACT:
                                                  under 49 CFR part 172, subpart F, or
                                                                                                          application for an exemption from the                 Linda Williams, U.S. Department of
                                                  select agents and toxins identified in
                                                  Section 172.800(b)(13) that do not                      rest-break requirements of Section                    Transportation, Maritime
                                                  require placarding, and who have filed                  395.3(a)(3)(ii). The Agency will consider             Administration, 1200 New Jersey
                                                  security plans requiring constant                       all comments received by close of                     Avenue SE., Room W23–453,
                                                  attendance of HM in accordance with                     business on June 1, 2015.                             Washington, DC 20590. Telephone 202–
                                                  Sections 172.800–804. The HM load                          Comments will be available for                     366–0903, Email Linda.Williams@
                                                  being transported would not itself have                 examination in the docket at the                      dot.gov.
                                                  to come under the provisions of                         location listed under the ADDRESSES                   SUPPLEMENTARY INFORMATION: As
                                                  Sections 172.800–804, because it would                  section of this notice. To the extent                 described by the applicant the intended
                                                  be too difficult for drivers and                        practicable, the Agency will consider                 service of the vessel MOKULANI is:
                                                  enforcement officials to determine at                   comments received in the public docket                   Intended Commercial Use of Vessel:
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  roadside whether Sections 182.800–804                   after the closing date of the comment                 Half day sailing tours, 6 pack.
                                                  applied to any individual load. Only                    period.                                                  Geographic Region: ‘‘Hawaii.’’
                                                  drivers operating under the authority of                  Issued on: April 22, 2015.                             The complete application is given in
                                                  carriers that have filed security plans                                                                       DOT docket MARAD–2015–0045 at
                                                                                                          Larry W. Minor,
                                                  under Sections 172.800–804 and who                                                                            http://www.regulations.gov. Interested
                                                  are transporting loads that require                     Associate Administrator for Policy.                   parties may comment on the effect this
                                                  placarding or contain a select agent or                 [FR Doc. 2015–10200 Filed 4–30–15; 8:45 am]           action may have on U.S. vessel builders
                                                  toxin identified in Section                             BILLING CODE 4910–EX–P                                or businesses in the U.S. that use U.S.-


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                                                  25006                             Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices

                                                  flag vessels. If MARAD determines, in                   U.S. Department of Transportation,                      By Order of the Maritime Administrator.
                                                  accordance with 46 U.S.C. 12121 and                     Docket Operations, M–30, West                           Dated: April 24, 2015.
                                                  MARAD’s regulations at 46 CFR part                      Building Ground Floor, Room W12–140,                  Thomas M. Hudson,
                                                  388, that the issuance of the waiver will               1200 New Jersey Avenue SE.,                           Acting Secretary, Maritime Administration.
                                                  have an unduly adverse effect on a U.S.-                Washington, DC 20590. You may also                    [FR Doc. 2015–10292 Filed 4–30–15; 8:45 am]
                                                  vessel builder or a business that uses                  send comments electronically via the                  BILLING CODE 4910–81–P
                                                  U.S.-flag vessels in that business, a                   Internet at http://www.regulations.gov.
                                                  waiver will not be granted. Comments                    All comments will become part of this
                                                  should refer to the docket number of                    docket and will be available for                      DEPARTMENT OF TRANSPORTATION
                                                  this notice and the vessel name in order                inspection and copying at the above
                                                  for MARAD to properly consider the                      address between 10 a.m. and 5 p.m.,                   Maritime Administration
                                                  comments. Comments should also state                    E.T., Monday through Friday, except
                                                                                                                                                                [Docket No. DOT–MARAD 2015 0047]
                                                  the commenter’s interest in the waiver                  federal holidays. An electronic version
                                                  application, and address the waiver                     of this document and all documents                    Request for Comments of a Previously
                                                  criteria given in § 388.4 of MARAD’s                    entered into this docket is available on              Approved Information Collection:
                                                  regulations at 46 CFR part 388.                         the World Wide Web at http://                         Effective U.S. Control (EUSC)/Parent
                                                                                                          www.regulations.gov.                                  Company
                                                  Privacy Act
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                    Anyone is able to search the                                                                                AGENCY: Maritime Administration
                                                                                                          Linda Williams, U.S. Department of
                                                  electronic form of all comments                                                                               (MARAD), Department of
                                                                                                          Transportation, Maritime
                                                  received into any of our dockets by the                                                                       Transportation.
                                                                                                          Administration, 1200 New Jersey
                                                  name of the individual submitting the                                                                         ACTION: Notice and request for
                                                                                                          Avenue SE., Room W23–453,
                                                  comment (or signing the comment, if                                                                           comments.
                                                                                                          Washington, DC 20590. Telephone 202–
                                                  submitted on behalf of an association,
                                                                                                          366–0903, Email Linda.Williams@                       SUMMARY:  In compliance with the
                                                  business, labor union, etc.). You may
                                                                                                          dot.gov.                                              Paperwork Reduction Act of 1995 (44
                                                  review DOT’s complete Privacy Act
                                                  Statement in the Federal Register                       SUPPLEMENTARY INFORMATION: As                         U.S.C. 3501 et seq.), this notice
                                                  published on April 11, 2000 (Volume                     described by the applicant the intended               announces that the Information
                                                  65, Number 70; Pages 19477–78).                         service of the vessel VANISHING GIRL                  Collection Request (ICR) abstracted
                                                                                                          is:                                                   below is being forwarded to the Office
                                                    By Order of the Maritime Administrator.
                                                                                                             Intended Commercial Use of Vessel:                 of Management and Budget (OMB) for
                                                    Dated: April 24, 2015.                                ‘‘Recreational and instructional use in               review and comments. A Federal
                                                  Thomas M. Hudson,                                       the Santa Barbara Channel area.’’                     Register Notice with a 60-day comment
                                                  Acting Secretary, Maritime Administration.                 Geographic Region: ‘‘California.’’                 period soliciting comments on the
                                                  [FR Doc. 2015–10291 Filed 4–30–15; 8:45 am]                The complete application is given in               following information collection was
                                                  BILLING CODE 4910–81–P                                  DOT docket MARAD–2015–0046 at                         published on January 21, 2015 (80 FR
                                                                                                          http://www.regulations.gov. Interested                3005).
                                                                                                          parties may comment on the effect this
                                                  DEPARTMENT OF TRANSPORTATION                            action may have on U.S. vessel builders               DATES:   Comments must be submitted on
                                                                                                          or businesses in the U.S. that use U.S.-              or before June 1, 2015,
                                                  Maritime Administration                                 flag vessels. If MARAD determines, in                 FOR FURTHER INFORMATION CONTACT: Russ
                                                                                                          accordance with 46 U.S.C. 12121 and                   Krause, 202–366–1031, Division of
                                                  [Docket No. MARAD–2015–0046]
                                                                                                          MARAD’s regulations at 46 CFR part                    Sealift Operations and Emergency
                                                  Requested Administrative Waiver of                      388, that the issuance of the waiver will             Response, U.S. Department of
                                                  the Coastwise Trade Laws: Vessel                        have an unduly adverse effect on a U.S.-              Transportation, 1200 New Jersey
                                                  VANISHING GIRL; Invitation for Public                   vessel builder or a business that uses                Avenue SE., Washington, DC 20590.
                                                  Comments                                                U.S.-flag vessels in that business, a                 SUPPLEMENTARY INFORMATION:
                                                                                                          waiver will not be granted. Comments                     Title: Effective U.S. Control (EUSC)/
                                                  AGENCY: Maritime Administration,                        should refer to the docket number of                  Parent Company.
                                                  Department of Transportation.                           this notice and the vessel name in order                 OMB Control Number: 2133–0511.
                                                  ACTION: Notice.                                         for MARAD to properly consider the                       Type of Request: Renewal of a
                                                                                                          comments. Comments should also state                  Previously Approved Information
                                                  SUMMARY:   As authorized by 46 U.S.C.                                                                         Collection.
                                                                                                          the commenter’s interest in the waiver
                                                  12121, the Secretary of Transportation,                                                                          Abstract: The Effective U.S. Control
                                                                                                          application, and address the waiver
                                                  as represented by the Maritime                                                                                (EUSC) Parent Company collection
                                                                                                          criteria given in § 388.4 of MARAD’s
                                                  Administration (MARAD), is authorized                                                                         consists of an inventory of foreign
                                                                                                          regulations at 46 CFR part 388.
                                                  to grant waivers of the U.S.-build                                                                            registered vessels owned by U.S.
                                                  requirement of the coastwise laws under                 Privacy Act                                           citizens. Specifically, the collection
                                                  certain circumstances. A request for                      Anyone is able to search the                        consists of responses from vessel
                                                  such a waiver has been received by                      electronic form of all comments                       owners verifying or correcting vessel
                                                  MARAD. The vessel, and a brief                          received into any of our dockets by the               ownership data and characteristics
                                                  description of the proposed service, is
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          name of the individual submitting the                 found in commercial publications. The
                                                  listed below.                                           comment (or signing the comment, if                   information obtained could be vital in a
                                                  DATES: Submit comments on or before                     submitted on behalf of an association,                national or international emergency,
                                                  June 1, 2015.                                           business, labor union, etc.). You may                 and is essential to the logistical support
                                                  ADDRESSES: Comments should refer to                     review DOT’s complete Privacy Act                     planning operations conducted by
                                                  docket number MARAD–2015–0046.                          Statement in the Federal Register                     MARAD officials. The information is
                                                  Written comments may be submitted by                    published on April 11, 2000 (Volume                   used in contingency planning and
                                                  hand or by mail to the Docket Clerk,                    65, Number 70; Pages 19477–78).                       provides data related to potential sealift


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Document Created: 2018-02-21 10:20:50
Document Modified: 2018-02-21 10:20:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit comments on or before June 1, 2015.
ContactLinda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23-453, Washington, DC 20590. Telephone 202-366-0903, Email [email protected]
FR Citation80 FR 25005 

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