80_FR_29482 80 FR 29384 - Policy Announcement; Merchant Marine Awards and Flags Program

80 FR 29384 - Policy Announcement; Merchant Marine Awards and Flags Program

DEPARTMENT OF TRANSPORTATION
Maritime Administration

Federal Register Volume 80, Issue 98 (May 21, 2015)

Page Range29384-29387
FR Document2015-12088

This notice serves to inform interested parties and the public of the Maritime Administration's (MARAD) new policy for the issuance of Merchant Marine medals, decorations, citations, and the donation or loan of Merchant Marine flags. Consistent with Public Law 84-759, 46 CFR part 350, and upon analysis and review of established criteria, the Maritime Administration will issue certain awards, and/or donate or loan Merchant Marine flags, for the purpose of honoring the historic and or continuing contributions of Merchant Mariners to the United States. This policy updates MARAD procedures to implementing regulations 46 CFR part 350 by defining the role of the Merchant Marine Awards and Flags Committee, and articulating the criteria for awards and other official recognition.

Federal Register, Volume 80 Issue 98 (Thursday, May 21, 2015)
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29384-29387]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12088]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number MARAD-2015-0051]


Policy Announcement; Merchant Marine Awards and Flags Program

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice.

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

SUMMARY: This notice serves to inform interested parties and the public 
of the Maritime Administration's (MARAD) new policy for the issuance of 
Merchant Marine medals, decorations, citations, and the donation or 
loan of Merchant Marine flags. Consistent with Public Law 84-759, 46 
CFR part 350, and upon analysis and review of established criteria, the 
Maritime Administration will issue certain awards, and/or donate or 
loan Merchant Marine flags, for the purpose of honoring the historic 
and or continuing contributions of Merchant Mariners to the United 
States. This policy updates MARAD procedures to implementing 
regulations 46 CFR part 350 by defining the role of the Merchant Marine 
Awards and Flags Committee, and articulating the criteria for awards 
and other official recognition.

DATES: This policy is effective upon publication in the Federal 
Register. (See also Paperwork Reduction Act section.)

ADDRESSES: The complete file for this policy is available for 
inspection with the Docket Clerk, Docket Management Facility, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., West 
Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: You may contact Bill Kurfehs, Office 
of Sealift Support, Maritime Administration, at (202) 366-2318. You may 
send mail to Mr. Kurfehs at Maritime Administration, 1200 New Jersey 
Avenue SE., MAR 630, Washington, DC 20590-0001. You may send electronic 
mail to [email protected]. If you have questions on viewing the 
Docket, call Cheryl Collins, Program Manager, Docket Operations, 
telephone: (800) 647-5527.

SUPPLEMENTARY INFORMATION: The promotion of the United States Merchant 
Marine is a central mission of MARAD. The Merchant Marine Act of 1936 
was enacted to promote a well-equipped and efficient merchant marine 
fleet owned and operated by United States citizens and supported by 
domestic shipbuilding and repair facilities.\1\ MARAD was specifically 
formed as a separate maritime promotional entity from the Federal 
Maritime Commission to ensure that maritime promotional and regulatory 
functions were handled by different Federal agencies.\2\ The Message of 
the President transmitting Plan 7 states that the ``basic objective of 
the plan is to strengthen and revitalize the administration of our 
Federal programs concerned with the promotion and development of the 
U.S. Merchant Marine by concentrating responsibility in separate 
agencies for the performance of regulatory and promotional functions.''
---------------------------------------------------------------------------

    \1\ American Trading Transportation Company, Inc. v. United 
States, 791 F.2d 942, 944 (D.C. Cir. 1986).
    \2\ Reorganization Plan No. 7 of 1961, 75 Stat. 840 (August 12, 
1961).
---------------------------------------------------------------------------

    It is central to MARAD's promotional mission to encourage citizens 
of the United States to join the United States Merchant Marine and to 
see that these individuals are trained to operate the vessels of the 
United States. To this end, MARAD operates the United States Merchant 
Marine Academy, supports and helps fund training at State Maritime 
Academies, provides certain property to support nonprofit and other 
maritime training institutions, and generally provides maritime 
training to citizens of the United States.
    Pursuant to 46 U.S.C. Chapter 519, authority also has been given to 
MARAD to provide Merchant Marine Awards. Such awards may be for 
individual acts or service in the Merchant Marine, for vessels and 
crews participating in outstanding or gallant action, certificates for 
civilian service, and for flags and grave markers.

[[Page 29385]]

    By this policy, MARAD will act to recognize the role of the 
Merchant Mariners of the United States in providing for the national 
defense. Recognizing the contributions, value, and sacrifices of 
Merchant Mariners advances MARAD's mission of ensuring that new 
individuals will become Merchant Mariners and that those capabilities 
will be available to address the Nation's needs in the future. This 
recognition will remind the public of the hard work and dedication of 
the Merchant Mariners of the United States and in doing so promote the 
interests and mission of MARAD; particularly recruiting and maintaining 
a vital Merchant Marine workforce to ensure the stability and 
maintenance of the United States Merchant Marine.

Maritime Administration Merchant Marine Awards and Recognition Policy

    This policy describes the process through which the Maritime 
Administration (MARAD) will exercise its authority under Public Law 84-
759, 46 CFR part 350 to issue certain Merchant Marine awards.

Maritime Administration (MARAD) Merchant Marine Awards and Flags 
Program

    The Merchant Marine Awards and Flags Committee is established to 
make recommendations to the Maritime Administrator for the issuance of 
Merchant Marine medals, decorations, and citations. The committee is 
also established to make recommendations to the Maritime Administrator 
to donate or loan Merchant Marine flags to qualifying organizations.

A. The Merchant Marine Awards and Flags Committee Responsibilities

    1. Receive nominations, through the Director, Office of Ship 
Operations, from any individual or entity, including individual members 
of the Committee, that properly addresses award evaluation criteria; 
and
    2. Review nominations and make recommendations to the Maritime 
Administrator with respect to giving or loaning Merchant Marine flags 
to any qualifying organization and the award of any awards, medals, 
decorations, etc., authorized to be issued by the Maritime 
Administration (MARAD) by Public Law 84-759, and 46 CFR part 350.

B. Awards--The Issuance of Medals, Decorations and Citations

Criteria for Issuance
    1. Gallant Ship Unit Citation Award may be awarded to any United 
States vessel or to any foreign vessel (merchant, Coast Guard, Navy, or 
other), crew of that ship or other individuals or organizations 
participating in outstanding or gallant action in marine disasters or 
other emergencies for the purpose of saving life or property when the 
following circumstances are present:
    (a) The vessel itself should move to the rescue and not be simply 
the platform from which crew members perform a rescue operation;
    (b) The operation should encompass the maneuvers of the vessel and 
a substantial part of the personnel;
    (c) The operation should involve either the use of the lifeboats by 
the crew taking to the water to effect a rescue with the vessel in some 
danger; or the vessel itself, by reason of perilous circumstances, 
should be in considerable danger;
    (d) The conditions should be such that danger to the vessel or the 
lifeboat or the crew members is present; and
    (e) The operation of the ship, its equipment, and personnel should 
favorably reflect efficiency, discipline and expertness.
    2. Merchant Marine Meritorious Service Medal may be awarded to any 
person serving in the U.S. Merchant Marine for meritorious act, conduct 
or service in line of duty when the following circumstances are 
present:
    (a) A Master of a U.S. merchant ship (without separate action) when 
that vessel is granted the Gallant Ship Award;
    (b) An act of heroism, bravery, devotion to duty involving extreme 
danger (actual or perceived);
    (c) The act, if it involves lifesaving, should be generally one 
performed while the vessel is at sea and not in a harbor, at the dock, 
or otherwise idle;
    (d) The act may be at sea or in port if it involves an effort 
directed toward saving the vessel or the cargo; and
    (e) The act should be one not directly entitling the individual to 
other medals such as the Carnegie Medal, the Coast Guard Medal for 
Lifesaving, etc. Merchant Marine Distinguished Service Medal may be 
awarded to any person serving in the U.S. Merchant Marine who 
distinguished himself or herself by outstanding act, conduct, or valor 
beyond the line of duty when the following circumstances are present:
    (f) Extreme peril to the life or safety of the individual 
attempting the rescue action;
    (g) It must be considered as going beyond the call of duty;
    (h) It must involve the activity of the Merchant Marine so that it 
is distinguished from a saving of life or property where the vessel is 
solely a platform from which the individual moved or upon which the 
individual acted; and
    (i) The accomplishment or the attempt must involve human lives or 
something of considerable worth either actual or considered so in the 
mind of the individual performing the action.
    3. The Mariners Medal is awarded to a mariner who, while serving 
from December 7, 1941 and July 25, 1947, was wounded or suffered 
physical injures as result of an act of an enemy of the United States.
    4. For World War II mariners who sailed in various war zones:
    (a) The Atlantic War Zone Medal and bar are awarded for service in 
the Atlantic war zone, including the North Atlantic, South Atlantic, 
Gulf of Mexico, Caribbean, Barents Sea and the Greenland Sea, during 
the period from December 7, 1941 to November 8, 1945;
    (b) The Mediterranean-Middle East War Zone Medal and bar are 
awarded for service in the zone including the Mediterranean Sea, Red 
Sea, Arabian Sea and the Indian Ocean west of 80 degrees east 
longitude, during the period from December 7, 1941 to November 8, 1945;
    (c) The Pacific War Zone Medal and bar are awarded for service in 
the Pacific War Zone, including the North Pacific, South Pacific and 
the Indian Ocean east of 80 degrees east longitude during the period 
from December 7, 1941 to March 2, 1946;
    (d) The Merchant Marine Combat Bar is awarded to Merchant Mariners 
who served on a vessel which at the time of such service was attacked 
or damaged by an instrumentality of war from December 7, 1941 to July 
25, 1947. A star is attached if the mariner was forced to abandon ship. 
For each additional abandonment, a star is added;
    (e) The Victory Medal with bar are awarded to members of the crew 
of vessels who served for 30 days or more during the period from 
December 7, 1941 to September 3, 1945;
    (f) The Honorable Service Button is awarded to members of crews of 
vessels who served for 30 days during the period from December 7, 1941 
to September 3, 1945;
    (g) The Merchant Marine Emblem is an identifying insignia that was 
issued to active Merchant Mariners for service from December 7, 1941 to 
July 25, 1947;
    (h) The Presidential Testimonial Letter signed by President Harry 
S. Truman was awarded to all active Merchant Mariners of World War II;
    (i) The Government of the Philippines authorized the Philippine 
Defense Medal/Ribbon and Philippine Liberation Medal to members of 
crews of vessels who served in Philippine

[[Page 29386]]

waters. The Philippine Defense Medal is awarded to members of crews who 
served in Philippine waters for not less than 30 days from December 8, 
1941 to June 15, 1942. The Philippine Liberation Medal is awarded to 
members of crews who served in Philippine waters for not less than 30 
days from October 17, 1944 to September 3, 1945; and
    (j) The Soviet Commemorative Medal was awarded to Merchant Mariners 
who participated in convoys to Murmansk during World War II.
    5. Korea Service Medal and bar: For Merchant Mariners who sailed 
during the Korean War, the Maritime Administration has authorized the 
Korean Service Medal and bar to be awarded to mariners who served in 
the Merchant Marine in waters adjacent to Korea between June 30, 1950 
and September 30, 1953.
    6. Vietnam Service Medal and bar: For Merchant Mariners who sailed 
during the Vietnam conflict who served in the Merchant Marine at any 
time from July 4, 1965 to August 15, 1973 in waters adjacent to 
Vietnam.
    7. Merchant Marine Expeditionary Medal: Established in 1990 to 
recognize U.S. Merchant Mariners who served on U.S.-flag ships in 
support of U.S. military and allied forces. This medal was first for 
service in Operations DESERT SHIELD and DESERT STORM. The medal is also 
authorized for mariners who served in Operations ENDURING FREEDOM and 
IRAQI FREEDOM.
    8. Merchant Marine Medal for Outstanding Achievement: The Merchant 
Marine Medal for Outstanding Achievement is an award given to mariners 
or other individuals making a significant contribution to the U.S. 
Merchant Marine or the maritime industry of the United States. The 
medal may be awarded by the Maritime Administrator for any activities 
that he/she finds to be an outstanding maritime achievement. For 
example, the medal may be awarded to recognize mariners or other 
individuals for maritime activities of a humanitarian nature. The medal 
also may be awarded to recognize those individuals in the maritime 
industry and educational community for their outstanding achievements 
and contributions to the U.S. Merchant Marine or the maritime industry 
of the United States. Individuals making significant contributions to 
fostering, developing and promoting the U.S. Merchant Marine or the 
maritime industries of the United States also are eligible for the 
award.
    9. The Administrator's Professional Ship Award is intended to 
recognize National Defense Reserve Fleet (``NDRF'') vessels, crews, 
ship managers, general agents and related contractors and other related 
personnel that achieve the highest degree of readiness, performance, 
efficiency, reliability, productivity and safety, or that have 
distinguished themselves through outstanding accomplishment or 
significant mission contribution in connection with NDRF missions;
    (a) Each vessel, individual, or other entity approved for this 
award will receive a commendation letter from the Maritime 
Administrator and a certificate. The certificate will be inscribed with 
the name of the ship and the operation or other activity for which the 
award was earned and signed by the Administrator;
    (b) With respect to an award given to an NDRF vessel, the 
certificate will be framed and forwarded to the appropriate Ship 
Manager/General Agent to be mounted in the master's office or other 
appropriate area on the vessel; and
    (c) Awards will be based on demonstrated and sustained superior 
performance in fulfilling the vessel's assigned mission. Information 
will be considered from all sources (e.g., reports from program 
sponsors, Gateway Offices, operational commanders, MARAD surveyors' 
observations, etc.).
    10. Additional awards:
    (a) The Maritime Administrator may determine to create award 
categories in addition to the awards set forth above.
    (b) The Awards Committee may recommend to the Maritime 
Administrator such additional award categories as it deems appropriate.
    (c) Any recommendation and establishment of a new award category 
shall contain the following:
    i. A specific title for the award;
    ii. A description of what would be awarded; (i.e. medal, plaque, 
certificate)
    iii. Detailed criteria as to what is necessary to qualify for such 
award; and
    iv. A determination by the Office of Chief Counsel that such an 
award category is within the authority under Public Law 84-759 and 46 
CFR part 350 or this MAO.
    (d) All such new award categories shall be published in the Code of 
Federal Regulations and on MARAD's Web site.
    (e) In any case of a proposed award or citation to a foreign vessel 
or to a master or person serving aboard such vessel, such award or 
citation shall be subject to the concurrence of the Secretary of State.

C. Other Recognition--The Donation or Loan of Merchant Marine Flags

    In times of war and national emergency, the Merchant Mariners of 
the United States have played a critical role in the transportation 
system that supports and serves with the armed forces of the United 
States. Termed the ``fourth arm'' of defense by President Franklin D. 
Roosevelt, the mariners of the United States provide vital 
transportation of critical personnel and materials to the appropriate 
locations in support of the national defense and emergency response 
efforts of the United States.
    MARAD receives requests for Merchant Marine flags and logos from 
organizations that wish to honor the historic and continuing 
contributions of Merchant Mariners to the United States. MARAD also has 
received requests for Merchant Marine flags and logos from various 
educational organizations that perform maritime training.
    Honoring the historic and continuing contributions of Merchant 
Mariners supports MARAD's mission. Providing these flags, and 
displaying them with the flags of the U.S. Armed Forces, recognizes the 
role Merchant Mariners have played and continue to play in the national 
defense of the United States. In recognizing the achievements and 
importance of the service of U.S. Merchant Mariners, the displays will 
enhance public awareness of the United States Merchant Marine as a 
career path for citizens of the U.S. and focus individuals considering 
such careers on the importance and value of the work they would do as 
Merchant Mariners. This recognition will serve to underscore the 
dignity and significance of the U.S. Merchant Marine as a whole. In 
addition, such flags will remind those training to be Merchant Mariners 
that they are part of a long tradition and profession whose mission 
goes beyond individual gain in support of the highest principles of 
public service.
    Merchant Marine flags are neither gifts nor awards for individuals. 
Their purpose is to recognize and memorialize the past and continuing 
role and contribution of the Merchant Mariners of the United States.
    The Merchant Marine Awards and Flag Committee will make 
recommendations to the Maritime Administrator regarding which groups 
satisfy the criteria set forth below and whether it should receive 
either the donation or a loan of the Merchant Marine flag and under 
what terms and conditions.

[[Page 29387]]

Criteria for the Donation or Loan of Merchant Marine Flags
    Merchant Marine flags may only be donated or loaned to the 
following groups:
    1. Public entities, or civic organizations in the United States 
qualified under United States Code, Title 26, section 501(c)(3), which 
at the location in which the Merchant Marine flag would be displayed 
have, at the time of application, at least 100 members and host visits 
by at least 2,500 other members of the public annually in that 
location; and, at the time of application, publicly display the United 
States flag and the flag of at least one United States military 
service.
    2. Educational institutions providing maritime training that would 
lead to a career in the United States Merchant Marine.
    3. Institutions qualified to receive donated property under 46 
U.S.C. 51103.
    4. Non-profit organizations as defined by Section 501(c) of the 
United States Internal Revenue Code (26 U.S.C. 501(c)), memorial/museum 
ships, and public bodies that:
    (a) Are registered with the Internal Revenue Service as a non-
profit organization;
    (b) Are open to the public, or have and will display the flags in 
publicly accessible areas; and
    (c) Possess an educational, maritime, or civic mission.
    5. Federal, State or local government entities that will display 
the flags in publicly accessible areas.
    6. Cemeteries or other locations at which U.S. Merchant Mariners 
are buried and where the Merchant Marine flag will be displayed with 
the flags of at least one other of the Armed Forces of the United 
States.

Policy Analysis and Notices

    Consistent with the Administrative Procedures Act and Department of 
Transportation rulemaking policy, MARAD is publishing this policy in 
the Federal Register to indicate how it plans to exercise the 
discretionary authority provided by Public Law 84-759, 46 CFR part 350. 
Nothing in this notice or in the policy itself requires MARAD to 
exercise its discretionary authority under the law. This policy updates 
the existing program in which successful applicants may obtain official 
MARAD recognition of their service or contributions to the U.S. 
Merchant Marine.
    Paperwork Reduction Act: Under the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3501-3520), a Federal agency must obtain approval from 
the Office of Management and Budget (OMB) for each collection of 
information it conducts, sponsors or requires through regulations. 
MARAD analyzed each provision of this policy and determined that it 
imposes no new requirements for recordkeeping and reporting. The 
existing information collection 2133-0506, expiration date: 1/31/2017, 
is sufficient and requires no changes.

    Authority:  Public Law 84-759, 46 CFR part 350, 46 U.S.C. 51901.

    Dated: May 14, 2015.

    By Order of the Maritime Administrator.
Thomas M. Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2015-12088 Filed 5-20-15; 8:45 am]
BILLING CODE 4910-81-P



                                              29384                          Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices

                                              approval of the new design. The new                     good faith effort to obtain domestic                  FOR FURTHER INFORMATION CONTACT:    You
                                              specification then must be provided to                  sources for these components has taken                may contact Bill Kurfehs, Office of
                                              potential manufacturers who will need                   place but failed.                                     Sealift Support, Maritime
                                              to perform additional engineering and                     Pursuant to 49 U.S.C. 24405(a)(4),                  Administration, at (202) 366–2318. You
                                              fabrication so that the newly designed                  FRA will publish this letter granting                 may send mail to Mr. Kurfehs at
                                              turnout can be adapted for use for the                  LIRR’s request in the Federal Register                Maritime Administration, 1200 New
                                              Harold Interlocking Project. FRA agrees                 and provide notice of such finding and                Jersey Avenue SE., MAR 630,
                                              with LIRR’s assertions. For the reasons                 an opportunity for public comment after               Washington, DC 20590–0001. You may
                                              set forth below, FRA is granting a                      which this waiver will become effective.              send electronic mail to Bill.Kurfehs@
                                              waiver for the purchase of seven (7)                      Questions about this letter can be                  dot.gov. If you have questions on
                                              Turnouts.                                               directed to, John Johnson, Attorney-                  viewing the Docket, call Cheryl Collins,
                                                 FRA believes a waiver is appropriate                 Advisor, at John.Johnson@dot.gov or                   Program Manager, Docket Operations,
                                              under 49 U.S.C. 24405(a)(2)(B) for the                  (202) 493–0078.                                       telephone: (800) 647–5527.
                                              ZUI–60 steel switch point rail sections                 Sincerely,
                                              and roller assemblies and plates because                                                                      SUPPLEMENTARY INFORMATION:       The
                                              domestically-produced components                        Sarah Feinberg,                                       promotion of the United States
                                              meeting the specific needs of LIRR for                  Acting Administrator.                                 Merchant Marine is a central mission of
                                              this application are not currently                                                                            MARAD. The Merchant Marine Act of
                                                                                                      Melissa L. Porter,
                                              ‘‘produced in sufficient and reasonably                                                                       1936 was enacted to promote a well-
                                                                                                      Chief Counsel.                                        equipped and efficient merchant marine
                                              available amount or are not of a                        [FR Doc. 2015–12332 Filed 5–20–15; 8:45 am]
                                              satisfactory quality.’’ Both FRA and                                                                          fleet owned and operated by United
                                              LIRR have conducted significant
                                                                                                      BILLING CODE 4910–06–P                                States citizens and supported by
                                              outreach to find 100-percent compliant                                                                        domestic shipbuilding and repair
                                              turnouts. LIRR issued two competitive                                                                         facilities.1 MARAD was specifically
                                                                                                      DEPARTMENT OF TRANSPORTATION                          formed as a separate maritime
                                              solicitations for the Turnouts and
                                              received no Buy America compliant                       Maritime Administration                               promotional entity from the Federal
                                              bids. LIRR also conducted extensive                                                                           Maritime Commission to ensure that
                                              market research utilizing a previous                    [Docket Number MARAD–2015–0051]                       maritime promotional and regulatory
                                              scouting report relating to turnout                                                                           functions were handled by different
                                              components from a previous FRA                          Policy Announcement; Merchant                         Federal agencies.2 The Message of the
                                              waiver for the same components. In                      Marine Awards and Flags Program                       President transmitting Plan 7 states that
                                              conducting that research, LIRR                                                                                the ‘‘basic objective of the plan is to
                                                                                                      AGENCY: Maritime Administration,
                                              contacted seven potential                                                                                     strengthen and revitalize the
                                                                                                      Department of Transportation.
                                              manufacturers. None produced the                                                                              administration of our Federal programs
                                                                                                      ACTION: Notice.                                       concerned with the promotion and
                                              needed turnout components as
                                              designed.                                               SUMMARY:    This notice serves to inform              development of the U.S. Merchant
                                                 On September 19, 2014, FRA                           interested parties and the public of the              Marine by concentrating responsibility
                                              provided public notice of this waiver                   Maritime Administration’s (MARAD)                     in separate agencies for the performance
                                              request and a 15-day opportunity for                    new policy for the issuance of Merchant               of regulatory and promotional
                                              comment on its Web site. FRA also                       Marine medals, decorations, citations,                functions.’’
                                              emailed notice to over 6,000 persons                    and the donation or loan of Merchant                     It is central to MARAD’s promotional
                                              who have signed up for Buy America                      Marine flags. Consistent with Public                  mission to encourage citizens of the
                                              notices through ‘‘GovDelivery.’’ See                    Law 84–759, 46 CFR part 350, and upon                 United States to join the United States
                                              http://www.fra.dot.gov/Page/P0719.                      analysis and review of established                    Merchant Marine and to see that these
                                              FRA received no comments.                               criteria, the Maritime Administration                 individuals are trained to operate the
                                                 Moreover, although a future design                                                                         vessels of the United States. To this end,
                                                                                                      will issue certain awards, and/or donate
                                              capable of using domestic components                                                                          MARAD operates the United States
                                                                                                      or loan Merchant Marine flags, for the
                                              may be possible, FRA concludes that the                                                                       Merchant Marine Academy, supports
                                                                                                      purpose of honoring the historic and or
                                              seven (7) turnouts are not reasonably                                                                         and helps fund training at State
                                                                                                      continuing contributions of Merchant
                                              available because the time required to                                                                        Maritime Academies, provides certain
                                                                                                      Mariners to the United States. This
                                              design, test, and competitively procure                                                                       property to support nonprofit and other
                                                                                                      policy updates MARAD procedures to
                                              those turnouts would likely cause at                                                                          maritime training institutions, and
                                                                                                      implementing regulations 46 CFR part
                                              least a one year delay in completing the                                                                      generally provides maritime training to
                                                                                                      350 by defining the role of the Merchant
                                              overall project, preventing the Harold                                                                        citizens of the United States.
                                                                                                      Marine Awards and Flags Committee,
                                              Interlocking Project from being
                                                                                                      and articulating the criteria for awards                 Pursuant to 46 U.S.C. Chapter 519,
                                              completed by September 30, 2017 (the
                                                                                                      and other official recognition.                       authority also has been given to
                                              deadline for the expenditure of Federal
                                                                                                      DATES: This policy is effective upon                  MARAD to provide Merchant Marine
                                              funds awarded under the American
                                                                                                      publication in the Federal Register. (See             Awards. Such awards may be for
                                              Recovery and Reinvestment Act of
                                                                                                      also Paperwork Reduction Act section.)                individual acts or service in the
                                              2009). Thus, FRA grants LIRR’s request
                                                                                                      ADDRESSES: The complete file for this
                                                                                                                                                            Merchant Marine, for vessels and crews
                                              for the initial seven (7) Turnouts.
                                                 This waiver applies only to the ZUI–                 policy is available for inspection with               participating in outstanding or gallant
                                                                                                                                                            action, certificates for civilian service,
tkelley on DSK3SPTVN1PROD with NOTICES




                                              60 steel switch point rail sections and                 the Docket Clerk, Docket Management
                                              Schwihag roller assemblies and plates                   Facility, U.S. Department of                          and for flags and grave markers.
                                              as manufactured into the initial seven                  Transportation, 1200 New Jersey
                                                                                                                                                              1 American Trading Transportation Company,
                                              (7) Turnouts installed in the Harold                    Avenue SE., West Building, Room W12–
                                                                                                                                                            Inc. v. United States, 791 F.2d 942, 944 (D.C. Cir.
                                              Interlocking Project. We will not grant                 140, Washington, DC 20590, between 9                  1986).
                                              any future requests for waivers without                 a.m. and 5 p.m., Monday through                         2 Reorganization Plan No. 7 of 1961, 75 Stat. 840

                                              a specific showing that a significant                   Friday, except on Federal holidays.                   (August 12, 1961).



                                         VerDate Sep<11>2014   20:28 May 20, 2015   Jkt 235001   PO 00000   Frm 00086   Fmt 4703   Sfmt 4703   E:\FR\FM\21MYN1.SGM   21MYN1


                                                                             Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices                                            29385

                                                By this policy, MARAD will act to                     crew of that ship or other individuals or             moved or upon which the individual
                                              recognize the role of the Merchant                      organizations participating in                        acted; and
                                              Mariners of the United States in                        outstanding or gallant action in marine                  (i) The accomplishment or the attempt
                                              providing for the national defense.                     disasters or other emergencies for the                must involve human lives or something
                                              Recognizing the contributions, value,                   purpose of saving life or property when               of considerable worth either actual or
                                              and sacrifices of Merchant Mariners                     the following circumstances are present:              considered so in the mind of the
                                              advances MARAD’s mission of ensuring                       (a) The vessel itself should move to               individual performing the action.
                                              that new individuals will become                        the rescue and not be simply the                         3. The Mariners Medal is awarded to
                                              Merchant Mariners and that those                        platform from which crew members                      a mariner who, while serving from
                                              capabilities will be available to address               perform a rescue operation;                           December 7, 1941 and July 25, 1947,
                                              the Nation’s needs in the future. This                     (b) The operation should encompass                 was wounded or suffered physical
                                              recognition will remind the public of                   the maneuvers of the vessel and a                     injures as result of an act of an enemy
                                              the hard work and dedication of the                     substantial part of the personnel;                    of the United States.
                                              Merchant Mariners of the United States                     (c) The operation should involve                      4. For World War II mariners who
                                              and in doing so promote the interests                   either the use of the lifeboats by the                sailed in various war zones:
                                              and mission of MARAD; particularly                      crew taking to the water to effect a                     (a) The Atlantic War Zone Medal and
                                              recruiting and maintaining a vital                      rescue with the vessel in some danger;                bar are awarded for service in the
                                              Merchant Marine workforce to ensure                     or the vessel itself, by reason of perilous           Atlantic war zone, including the North
                                              the stability and maintenance of the                    circumstances, should be in                           Atlantic, South Atlantic, Gulf of Mexico,
                                              United States Merchant Marine.                          considerable danger;                                  Caribbean, Barents Sea and the
                                                                                                         (d) The conditions should be such                  Greenland Sea, during the period from
                                              Maritime Administration Merchant                                                                              December 7, 1941 to November 8, 1945;
                                              Marine Awards and Recognition Policy                    that danger to the vessel or the lifeboat
                                                                                                      or the crew members is present; and                      (b) The Mediterranean-Middle East
                                                 This policy describes the process                                                                          War Zone Medal and bar are awarded
                                                                                                         (e) The operation of the ship, its
                                              through which the Maritime                                                                                    for service in the zone including the
                                                                                                      equipment, and personnel should
                                              Administration (MARAD) will exercise                                                                          Mediterranean Sea, Red Sea, Arabian
                                                                                                      favorably reflect efficiency, discipline
                                              its authority under Public Law 84–759,                                                                        Sea and the Indian Ocean west of 80
                                                                                                      and expertness.
                                              46 CFR part 350 to issue certain                                                                              degrees east longitude, during the
                                              Merchant Marine awards.                                    2. Merchant Marine Meritorious
                                                                                                                                                            period from December 7, 1941 to
                                                                                                      Service Medal may be awarded to any
                                              Maritime Administration (MARAD)                                                                               November 8, 1945;
                                                                                                      person serving in the U.S. Merchant
                                                                                                                                                               (c) The Pacific War Zone Medal and
                                              Merchant Marine Awards and Flags                        Marine for meritorious act, conduct or
                                              Program                                                                                                       bar are awarded for service in the
                                                                                                      service in line of duty when the
                                                                                                                                                            Pacific War Zone, including the North
                                                The Merchant Marine Awards and                        following circumstances are present:
                                                                                                                                                            Pacific, South Pacific and the Indian
                                              Flags Committee is established to make                     (a) A Master of a U.S. merchant ship               Ocean east of 80 degrees east longitude
                                              recommendations to the Maritime                         (without separate action) when that                   during the period from December 7,
                                              Administrator for the issuance of                       vessel is granted the Gallant Ship                    1941 to March 2, 1946;
                                              Merchant Marine medals, decorations,                    Award;                                                   (d) The Merchant Marine Combat Bar
                                              and citations. The committee is also                       (b) An act of heroism, bravery,                    is awarded to Merchant Mariners who
                                              established to make recommendations                     devotion to duty involving extreme                    served on a vessel which at the time of
                                              to the Maritime Administrator to donate                 danger (actual or perceived);                         such service was attacked or damaged
                                              or loan Merchant Marine flags to                           (c) The act, if it involves lifesaving,            by an instrumentality of war from
                                              qualifying organizations.                               should be generally one performed                     December 7, 1941 to July 25, 1947. A
                                                                                                      while the vessel is at sea and not in a               star is attached if the mariner was forced
                                              A. The Merchant Marine Awards and                       harbor, at the dock, or otherwise idle;
                                              Flags Committee Responsibilities                                                                              to abandon ship. For each additional
                                                                                                         (d) The act may be at sea or in port               abandonment, a star is added;
                                                 1. Receive nominations, through the                  if it involves an effort directed toward                 (e) The Victory Medal with bar are
                                              Director, Office of Ship Operations,                    saving the vessel or the cargo; and                   awarded to members of the crew of
                                              from any individual or entity, including                   (e) The act should be one not directly             vessels who served for 30 days or more
                                              individual members of the Committee,                    entitling the individual to other medals              during the period from December 7,
                                              that properly addresses award                           such as the Carnegie Medal, the Coast                 1941 to September 3, 1945;
                                              evaluation criteria; and                                Guard Medal for Lifesaving, etc.                         (f) The Honorable Service Button is
                                                 2. Review nominations and make                       Merchant Marine Distinguished Service                 awarded to members of crews of vessels
                                              recommendations to the Maritime                         Medal may be awarded to any person                    who served for 30 days during the
                                              Administrator with respect to giving or                 serving in the U.S. Merchant Marine                   period from December 7, 1941 to
                                              loaning Merchant Marine flags to any                    who distinguished himself or herself by               September 3, 1945;
                                              qualifying organization and the award of                outstanding act, conduct, or valor                       (g) The Merchant Marine Emblem is
                                              any awards, medals, decorations, etc.,                  beyond the line of duty when the                      an identifying insignia that was issued
                                              authorized to be issued by the Maritime                 following circumstances are present:                  to active Merchant Mariners for service
                                              Administration (MARAD) by Public                           (f) Extreme peril to the life or safety            from December 7, 1941 to July 25, 1947;
                                              Law 84–759, and 46 CFR part 350.                        of the individual attempting the rescue                  (h) The Presidential Testimonial
                                              B. Awards—The Issuance of Medals,                       action;                                               Letter signed by President Harry S.
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                                              Decorations and Citations                                  (g) It must be considered as going                 Truman was awarded to all active
                                                                                                      beyond the call of duty;                              Merchant Mariners of World War II;
                                              Criteria for Issuance                                      (h) It must involve the activity of the               (i) The Government of the Philippines
                                                1. Gallant Ship Unit Citation Award                   Merchant Marine so that it is                         authorized the Philippine Defense
                                              may be awarded to any United States                     distinguished from a saving of life or                Medal/Ribbon and Philippine
                                              vessel or to any foreign vessel                         property where the vessel is solely a                 Liberation Medal to members of crews
                                              (merchant, Coast Guard, Navy, or other),                platform from which the individual                    of vessels who served in Philippine


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                                              29386                          Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices

                                              waters. The Philippine Defense Medal is                    9. The Administrator’s Professional                C. Other Recognition—The Donation or
                                              awarded to members of crews who                         Ship Award is intended to recognize                   Loan of Merchant Marine Flags
                                              served in Philippine waters for not less                National Defense Reserve Fleet
                                              than 30 days from December 8, 1941 to                   (‘‘NDRF’’) vessels, crews, ship                          In times of war and national
                                              June 15, 1942. The Philippine                           managers, general agents and related                  emergency, the Merchant Mariners of
                                              Liberation Medal is awarded to                          contractors and other related personnel               the United States have played a critical
                                              members of crews who served in                          that achieve the highest degree of                    role in the transportation system that
                                              Philippine waters for not less than 30                  readiness, performance, efficiency,                   supports and serves with the armed
                                              days from October 17, 1944 to                           reliability, productivity and safety, or              forces of the United States. Termed the
                                              September 3, 1945; and                                  that have distinguished themselves                    ‘‘fourth arm’’ of defense by President
                                                 (j) The Soviet Commemorative Medal                   through outstanding accomplishment or                 Franklin D. Roosevelt, the mariners of
                                              was awarded to Merchant Mariners who                    significant mission contribution in                   the United States provide vital
                                              participated in convoys to Murmansk                     connection with NDRF missions;                        transportation of critical personnel and
                                              during World War II.                                       (a) Each vessel, individual, or other              materials to the appropriate locations in
                                                 5. Korea Service Medal and bar: For                  entity approved for this award will                   support of the national defense and
                                              Merchant Mariners who sailed during                     receive a commendation letter from the                emergency response efforts of the
                                              the Korean War, the Maritime                            Maritime Administrator and a                          United States.
                                              Administration has authorized the                       certificate. The certificate will be                     MARAD receives requests for
                                              Korean Service Medal and bar to be                      inscribed with the name of the ship and               Merchant Marine flags and logos from
                                              awarded to mariners who served in the                   the operation or other activity for which             organizations that wish to honor the
                                              Merchant Marine in waters adjacent to                   the award was earned and signed by the                historic and continuing contributions of
                                              Korea between June 30, 1950 and                         Administrator;                                        Merchant Mariners to the United States.
                                              September 30, 1953.                                        (b) With respect to an award given to              MARAD also has received requests for
                                                 6. Vietnam Service Medal and bar: For                an NDRF vessel, the certificate will be               Merchant Marine flags and logos from
                                              Merchant Mariners who sailed during                     framed and forwarded to the                           various educational organizations that
                                              the Vietnam conflict who served in the                  appropriate Ship Manager/General                      perform maritime training.
                                              Merchant Marine at any time from July                   Agent to be mounted in the master’s
                                                                                                                                                               Honoring the historic and continuing
                                              4, 1965 to August 15, 1973 in waters                    office or other appropriate area on the
                                                                                                                                                            contributions of Merchant Mariners
                                              adjacent to Vietnam.                                    vessel; and
                                                                                                                                                            supports MARAD’s mission. Providing
                                                 7. Merchant Marine Expeditionary                        (c) Awards will be based on
                                                                                                                                                            these flags, and displaying them with
                                              Medal: Established in 1990 to recognize                 demonstrated and sustained superior
                                                                                                                                                            the flags of the U.S. Armed Forces,
                                              U.S. Merchant Mariners who served on                    performance in fulfilling the vessel’s
                                                                                                                                                            recognizes the role Merchant Mariners
                                              U.S.-flag ships in support of U.S.                      assigned mission. Information will be
                                                                                                                                                            have played and continue to play in the
                                              military and allied forces. This medal                  considered from all sources (e.g., reports
                                                                                                                                                            national defense of the United States. In
                                              was first for service in Operations                     from program sponsors, Gateway
                                                                                                                                                            recognizing the achievements and
                                              DESERT SHIELD and DESERT STORM.                         Offices, operational commanders,
                                                                                                                                                            importance of the service of U.S.
                                              The medal is also authorized for                        MARAD surveyors’ observations, etc.).
                                                                                                                                                            Merchant Mariners, the displays will
                                              mariners who served in Operations                          10. Additional awards:
                                                                                                                                                            enhance public awareness of the United
                                              ENDURING FREEDOM and IRAQI                                 (a) The Maritime Administrator may
                                                                                                                                                            States Merchant Marine as a career path
                                              FREEDOM.                                                determine to create award categories in
                                                                                                                                                            for citizens of the U.S. and focus
                                                 8. Merchant Marine Medal for                         addition to the awards set forth above.
                                                                                                                                                            individuals considering such careers on
                                              Outstanding Achievement: The                               (b) The Awards Committee may                       the importance and value of the work
                                              Merchant Marine Medal for Outstanding                   recommend to the Maritime                             they would do as Merchant Mariners.
                                              Achievement is an award given to                        Administrator such additional award                   This recognition will serve to
                                              mariners or other individuals making a                  categories as it deems appropriate.                   underscore the dignity and significance
                                              significant contribution to the U.S.                       (c) Any recommendation and                         of the U.S. Merchant Marine as a whole.
                                              Merchant Marine or the maritime                         establishment of a new award category                 In addition, such flags will remind those
                                              industry of the United States. The medal                shall contain the following:                          training to be Merchant Mariners that
                                              may be awarded by the Maritime                             i. A specific title for the award;                 they are part of a long tradition and
                                              Administrator for any activities that                      ii. A description of what would be                 profession whose mission goes beyond
                                              he/she finds to be an outstanding                       awarded; (i.e. medal, plaque, certificate)            individual gain in support of the highest
                                              maritime achievement. For example, the                     iii. Detailed criteria as to what is               principles of public service.
                                              medal may be awarded to recognize                       necessary to qualify for such award; and
                                              mariners or other individuals for                          iv. A determination by the Office of                  Merchant Marine flags are neither
                                              maritime activities of a humanitarian                   Chief Counsel that such an award                      gifts nor awards for individuals. Their
                                              nature. The medal also may be awarded                   category is within the authority under                purpose is to recognize and memorialize
                                              to recognize those individuals in the                   Public Law 84–759 and 46 CFR part 350                 the past and continuing role and
                                              maritime industry and educational                       or this MAO.                                          contribution of the Merchant Mariners
                                              community for their outstanding                            (d) All such new award categories                  of the United States.
                                              achievements and contributions to the                   shall be published in the Code of                        The Merchant Marine Awards and
                                              U.S. Merchant Marine or the maritime                    Federal Regulations and on MARAD’s                    Flag Committee will make
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                                              industry of the United States.                          Web site.                                             recommendations to the Maritime
                                              Individuals making significant                             (e) In any case of a proposed award                Administrator regarding which groups
                                              contributions to fostering, developing                  or citation to a foreign vessel or to a               satisfy the criteria set forth below and
                                              and promoting the U.S. Merchant                         master or person serving aboard such                  whether it should receive either the
                                              Marine or the maritime industries of the                vessel, such award or citation shall be               donation or a loan of the Merchant
                                              United States also are eligible for the                 subject to the concurrence of the                     Marine flag and under what terms and
                                              award.                                                  Secretary of State.                                   conditions.


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                                                                                   Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices                                                                           29387

                                              Criteria for the Donation or Loan of                                Transportation rulemaking policy,                                      ACTION:List of application delayed more
                                              Merchant Marine Flags                                               MARAD is publishing this policy in the                                 than 180 days.
                                                 Merchant Marine flags may only be                                Federal Register to indicate how it
                                              donated or loaned to the following                                  plans to exercise the discretionary                                    SUMMARY:   In accordance with the
                                              groups:                                                             authority provided by Public Law 84–                                   requirements of 49 U.S.C. 5117(c),
                                                 1. Public entities, or civic                                     759, 46 CFR part 350. Nothing in this                                  PHMSA is publishing the following list
                                              organizations in the United States                                  notice or in the policy itself requires                                of special permit applications that have
                                              qualified under United States Code,                                 MARAD to exercise its discretionary                                    been in process for 180 days or more.
                                              Title 26, section 501(c)(3), which at the                           authority under the law. This policy                                   The reason(s) for delay and the expected
                                              location in which the Merchant Marine                               updates the existing program in which                                  completion date for action on each
                                              flag would be displayed have, at the                                successful applicants may obtain official
                                                                                                                                                                                         application is provided in association
                                              time of application, at least 100                                   MARAD recognition of their service or
                                                                                                                                                                                         with each identified application.
                                              members and host visits by at least                                 contributions to the U.S. Merchant
                                              2,500 other members of the public                                   Marine.                                                                FOR FURTHER INFORMATION CONTACT:
                                              annually in that location; and, at the                                Paperwork Reduction Act: Under the                                   Ryan Paquet, Director, Office of
                                              time of application, publicly display the                           Paperwork Reduction Act of 1995 (PRA)                                  Hazardous Materials Special Permits
                                              United States flag and the flag of at least                         (44 U.S.C. 3501–3520), a Federal agency                                and Approvals, Pipeline and Hazardous
                                              one United States military service.                                 must obtain approval from the Office of                                Materials Safety Administration, U.S.
                                                 2. Educational institutions providing                            Management and Budget (OMB) for each                                   Department of Transportation, East
                                              maritime training that would lead to a                              collection of information it conducts,                                 Building, PHH–30, 1200 New Jersey
                                              career in the United States Merchant                                sponsors or requires through                                           Avenue Southeast, Washington, DC
                                              Marine.                                                             regulations. MARAD analyzed each                                       20590–0001, (202) 366–4535.
                                                 3. Institutions qualified to receive                             provision of this policy and determined
                                              donated property under 46 U.S.C.                                    that it imposes no new requirements for                                Key to ‘‘Reason for Delay’’
                                              51103.                                                              recordkeeping and reporting. The
                                                 4. Non-profit organizations as defined                           existing information collection 2133–                                  1. Awaiting additional information from
                                              by Section 501(c) of the United States                              0506, expiration date: 1/31/2017, is                                      applicant
                                              Internal Revenue Code (26 U.S.C.                                    sufficient and requires no changes.                                    2. Extensive public comment under
                                              501(c)), memorial/museum ships, and                                                                                                           review
                                                                                                                    Authority: Public Law 84–759, 46 CFR
                                              public bodies that:
                                                                                                                  part 350, 46 U.S.C. 51901.                                             3. Application is technically complex
                                                 (a) Are registered with the Internal
                                              Revenue Service as a non-profit                                       Dated: May 14, 2015.                                                    and is of significant impact or
                                              organization;                                                         By Order of the Maritime Administrator.                                 precedent-setting and requires
                                                 (b) Are open to the public, or have                              Thomas M. Hudson, Jr.,                                                    extensive analysis
                                              and will display the flags in publicly                              Secretary, Maritime Administration.                                    4. Staff review delayed by other priority
                                              accessible areas; and                                               [FR Doc. 2015–12088 Filed 5–20–15; 8:45 am]                               issues or volume of special permit
                                                 (c) Possess an educational, maritime,                                                                                                      applications
                                                                                                                  BILLING CODE 4910–81–P
                                              or civic mission.
                                                 5. Federal, State or local government                                                                                                   Meaning of Application Number
                                              entities that will display the flags in                                                                                                    Suffixes
                                                                                                                  DEPARTMENT OF TRANSPORTATION
                                              publicly accessible areas.
                                                 6. Cemeteries or other locations at                                                                                                     N—New application
                                                                                                                  Pipeline and Hazardous Materials
                                              which U.S. Merchant Mariners are                                    Safety Administration                                                  M—Modification request
                                              buried and where the Merchant Marine
                                                                                                                                                                                         R—Renewal Request
                                              flag will be displayed with the flags of                            Hazardous Materials: Delayed
                                              at least one other of the Armed Forces                              Applications                                                           P—Party To Exemption Request
                                              of the United States.                                                                                                                        Issued in Washington, DC, on May 5, 2015.
                                                                                                                  AGENCY:  Office of Hazardous Materials
                                              Policy Analysis and Notices                                         Safety, Pipeline and Hazardous                                         Donald Burger,
                                                Consistent with the Administrative                                Materials Safety Administration                                        Chief, General Approvals and Permits.
                                              Procedures Act and Department of                                    (PHMSA), DOT.

                                                                                                                                                                                                                               Estimated
                                                                                                                                                                                                              Reason for
                                               Application No.                                                                    Applicant                                                                                      date of
                                                                                                                                                                                                                delay          completion

                                                                                                                            Modification to Special Permits

                                              15642–M ...........      Praxair Distribution, Inc., Danbury, CT .....................................................................................                       4   05–22–2015
                                              8451–M .............     Special Devices, Inc., Mesa, AR ..............................................................................................                      4   05–30–2015
                                              15393–M ...........      Savannah Acid Plant LLC, Savannah, GA ...............................................................................                               3   05–30–2015
                                              7945–M .............     Pacific Scientific Company, Simi Valley, CA ............................................................................                            4   05–15–2015
                                              11903–M ...........      Comptank Corporation, Bothwell, ON ......................................................................................                           4   06–10–2015
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                                                                                                                          New Special Permit Applications

                                              15767–N    ...........   Union Pacific Railroad Company, Omaha, NE ........................................................................                                  1   05–20–2015
                                              16001–N    ...........   Veltek Associates, Inc., Malvern, PA .......................................................................................                        4   05–31–2015
                                              16190–N    ...........   Digital Wave Corporation, Centennial, CO ...............................................................................                            4   05–29–2015
                                              16198–N    ...........   Fleischmann’s Vinegar Company, Inc., Cerritos, CA ...............................................................                                   4   05–15–2015
                                              16212–N    ...........   Entegris, Inc., Billerica, MA ......................................................................................................                4   05–30–2015



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Document Created: 2018-10-24 10:26:11
Document Modified: 2018-10-24 10:26:11
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.
DatesThis policy is effective upon publication in the Federal Register. (See also Paperwork Reduction Act section.)
ContactYou may contact Bill Kurfehs, Office of Sealift Support, Maritime Administration, at (202) 366-2318. You may send mail to Mr. Kurfehs at Maritime Administration, 1200 New Jersey Avenue SE., MAR 630, Washington, DC 20590-0001. You may send electronic mail to [email protected] If you have questions on viewing the Docket, call Cheryl Collins, Program Manager, Docket Operations, telephone: (800) 647-5527.
FR Citation80 FR 29384 

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