80 FR 74209 - Acceptance of Applications for the Potential Award of Maritime Security Program Operating Agreements

DEPARTMENT OF TRANSPORTATION
Maritime Administration

Federal Register Volume 80, Issue 228 (November 27, 2015)

Page Range		74209-74210
FR Document		2015-30199

The Maritime Administration (MARAD) is issuing this request for applications for eligible vessels to potentially enroll in one or more MSP Operating Agreements in accordance with the provisions of the Maritime Security Act of 2003, Public Law 108-136, div. C, title XXXV, as amended by Section 3508 of the National Defense Authorization Act for Fiscal Year (FY) 2013, Public Law 112-239, (NDAA 2013). The Maritime Security Program (MSP) maintains a fleet of active, commercially-viable, privately-owned vessels to meet national defense and other security requirements and to maintain a United States presence in international commercial shipping. This request for applications provides, among other things, application criteria and a deadline for submitting applications for potential vessel enrollment in the MSP.

Federal Register, Volume 80 Issue 228 (Friday, November 27, 2015)

[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74209-74210]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30199]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration


Acceptance of Applications for the Potential Award of Maritime 
Security Program Operating Agreements

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice of Application Period for the Maritime Security Program.

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SUMMARY: The Maritime Administration (MARAD) is issuing this request 
for applications for eligible vessels to potentially enroll in one or 
more MSP Operating Agreements in accordance with the provisions of the 
Maritime Security Act of 2003, Public Law 108-136, div. C, title XXXV, 
as amended by Section 3508 of the National Defense Authorization Act 
for Fiscal Year (FY) 2013, Public Law 112-239, (NDAA 2013). The 
Maritime Security Program (MSP) maintains a fleet of active, 
commercially-viable, privately-owned vessels to meet national defense 
and other security requirements and to maintain a United States 
presence in international commercial shipping. This request for 
applications provides, among other things, application criteria and a 
deadline for submitting applications for potential vessel enrollment in 
the MSP.

DATES: Applications for the potential enrollment of one or more vessels 
must be received no later than December 28, 2015. Applications should 
be submitted to the address listed in the ADDRESSES section below.

ADDRESSES: Application forms and instructions are available by 
electronic mail request addressed to William.G.Mcdonald@dot.gov.
    Submit applications for the enrollment of vessels in the MSP to 
William G. McDonald, Director, Office of Sealift Support, W25-310, U.S. 
Department of Transportation, Maritime Administration, 1200 New Jersey 
Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: William G. McDonald, Director, Office 
of Sealift Support, Maritime Administration, (202) 366-0688. For legal 
questions, call Ryan Kabacinski, Chief, Division of Maritime Programs, 
Maritime Administration, (202) 366-5176. For military-utility 
questions, call Mr. Tim Boemecke, United States Transportation Command, 
(618) 220-1452.

SUPPLEMENTARY INFORMATION: The NDAA 2013 extended the MSP from FY 2016 
through FY 2025 and revised the associated annual MSP payment schedule. 
This program provides financial assistance to operators of U.S.-flag 
vessels that meet certain qualifications. Section 53102(a) of Title 46, 
United States Code, directs the Secretary of Transportation 
(Secretary), in consultation with the Secretary of Defense (SecDef), to 
establish a fleet of active, commercially-viable, militarily-useful, 
privately-owned vessels to meet national defense and other security 
requirements. Section 53111 of Title 46, United States Code, authorizes 
$186 million annually for FYs 2012, 2013, 2014, 2015, 2016, 2017 and 
2018; $210 million annually for FYs 2019, 2020 and 2021; and $222 
million annually for each FY thereafter through FY 2025 to support the 
operation of up to 60 U.S.-flag vessels in the foreign commerce of the 
United States. Payment to participating operators are limited under 46 
U.S.C. Sec.  53106(a)(1) to $3.1 million per ship, per year, through FY 
2018; $3.5 million per ship per year for FY 2019 through 2021; and $3.7 
million per ship per year for FY 2022 through 2025. Payments are 
subject to the availability of appropriations. Participating operators 
are required to make their commercial transportation resources 
available upon request by SecDef during times of war or national 
emergency.

Application Criteria

    The NDAA 2013 amended the procedures in 46 U.S.C. Sec.  53103(c) 
for awarding new MSP Operating Agreements. The amended statute provides 
that the Secretary may enter into a new Operating Agreement with an 
applicant that meets the citizenship requirements of 46 U.S.C. Sec.  
53102(c), for

[[Page 74210]]

a vessel that meets the eligibility requirements of 46 U.S.C. Sec.  
53102(b). Priority for the award of Operating Agreements under the 
amended 46 U.S.C. Sec.  53103(c) shall be on the basis of vessel type 
established by military requirements of SecDef. The military 
requirements established by SecDef, through the United States 
Transportation Command (USTRANSCOM), are provided below. As provided by 
the amended statute, after consideration of military requirements, 
priority for the award of Operating Agreements shall be given to 
applicants that are United States citizens under 46 U.S.C. Sec.  50501.

Vessel Requirements

    Acceptable vessels for this MSP Operating Agreement must meet the 
requirements of 46 U.S.C. Sec.  53102(b) and 46 CFR Sec.  296.11. In 
addition, the Commander, USTRANSCOM, has established Department of 
Defense general evaluation criteria on the military requirements for 
eligible MSP vessels. Priority consideration, consistent with the 
requirements of 46 U.S.C. Sec.  53103(c), will be given to applications 
providing for enrollment of the following vessel types in order of 
priority:

1. Roll-on/Roll-off (RO/RO)
2. Tanker
3. Heavy Lift
4. Geared Containerships
5. All other vessel types will be considered after all applications for 
the above listed vessel types have been reviewed.

National Security Requirements

    If an applicant is chosen to receive a MSP Operating Agreement the 
applicant will be required to enter into an Emergency Preparedness 
Agreement (EPA) pursuant 46 U.S.C. Sec.  53107. The EPA shall be a 
document incorporating the terms of the Voluntary Intermodal Sealift 
Agreement (VISA), as approved by the Secretary and SecDef, or such 
other agreement as may be approved by the Secretaries.

Documentation

    If a vessel is chosen to be the subject of an MSP Operating 
Agreement, and if such vessel is currently documented under a foreign 
register, such vessel must be documented in the United States under 46 
U.S.C. Ch. 121 prior to being eligible for MSP payments. Further, proof 
of U.S. Coast Guard vessel documentation and all relevant charter and 
management agreements for the chosen vessels, if any, must be approved 
by MARAD before the vessel will be eligible to receive MSP payments.

Payments

    If an applicant is awarded an MSP Operating Agreement, the 
applicant will be eligible for payments in accordance with 46 U.S.C. 
Sec.  53106 and 46 CFR Sec.  296.41.

Vessel Operation

    The vessels under an MSP Operating Agreement shall be operated 
exclusively in foreign commerce as defined in 46 U.S.C. Sec.  53101(4) 
or in permissible mixed foreign commerce and domestic trade as provided 
by 46 U.S.C. Sec.  53105(a)(1)(A).

U.S. Merchant Marine Academy Cadets (Midshipmen)

    In the course of operation of the vessel, the MSP Operator shall 
agree to carry contemporaneously up to two U.S. Merchant Marine Academy 
midshipmen upon request.

Award

    No guarantee is provided that MARAD will award any MSP Operating 
Agreements in response to applications submitted under this Notice. In 
the event that no awards are made or an application is not selected for 
an award, the applicant will be provided a written reason why the 
application was denied, consistent with the requirements of 46 U.S.C. 
Sec.  53103(c).

(Authority: 49 CFR Sections 1.92 and 1.93)

    By Order of the Maritime Administrator.

    Dated: November 23, 2015.
Jay R. Gordon,
Acting Secretary, Maritime Administration.
[FR Doc. 2015-30199 Filed 11-25-15; 8:45 am]
 BILLING CODE 4910-81-P

74210 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices

a vessel that meets the eligibility the chosen vessels, if any, must be for, and the processing of, special
requirements of 46 U.S.C. § 53102(b). approved by MARAD before the vessel permits from the Department of
Priority for the award of Operating will be eligible to receive MSP Transportation’s Hazardous Material
Agreements under the amended 46 payments. Regulations (49 CFR part 107, subpart
U.S.C. § 53103(c) shall be on the basis B), notice is hereby given that the Office
Payments
of vessel type established by military of Hazardous Materials Safety has
requirements of SecDef. The military If an applicant is awarded an MSP received the applications described
requirements established by SecDef, Operating Agreement, the applicant will herein. This notice is abbreviated to
through the United States be eligible for payments in accordance expedite docketing and public notice.
Transportation Command with 46 U.S.C. § 53106 and 46 CFR Because the sections affected, modes of
(USTRANSCOM), are provided below. § 296.41. transportation, and the nature of
As provided by the amended statute, Vessel Operation application have been shown in earlier
after consideration of military Federal Register publications, they are
requirements, priority for the award of The vessels under an MSP Operating not repeated here. Requests for
Operating Agreements shall be given to Agreement shall be operated exclusively modification of special permits (e.g. to
applicants that are United States in foreign commerce as defined in 46 provide for additional hazardous
citizens under 46 U.S.C. § 50501. U.S.C. § 53101(4) or in permissible materials, packaging design changes,
mixed foreign commerce and domestic additional mode of transportation, etc.)
Vessel Requirements trade as provided by 46 U.S.C. are described in footnotes to the
Acceptable vessels for this MSP § 53105(a)(1)(A). application number. Application
Operating Agreement must meet the U.S. Merchant Marine Academy Cadets numbers with the suffix ‘‘M’’ denote a
requirements of 46 U.S.C. § 53102(b) (Midshipmen) modification request. These
and 46 CFR § 296.11. In addition, the applications have been separated from
Commander, USTRANSCOM, has In the course of operation of the the new application for special permits
established Department of Defense vessel, the MSP Operator shall agree to to facilitate processing.
general evaluation criteria on the carry contemporaneously up to two U.S.
Merchant Marine Academy midshipmen DATES: Comments must be received on
military requirements for eligible MSP
upon request. or before December 14, 2015.
vessels. Priority consideration,
consistent with the requirements of 46 Address Comments To: Record
Award Center, Pipeline and Hazardous
U.S.C. § 53103(c), will be given to
applications providing for enrollment of No guarantee is provided that Materials Safety Administration, U.S.
the following vessel types in order of MARAD will award any MSP Operating Department of Transportation,
priority: Agreements in response to applications Washington, DC 20590.
submitted under this Notice. In the Comments should refer to the
1. Roll-on/Roll-off (RO/RO)
2. Tanker event that no awards are made or an application number and be submitted in
3. Heavy Lift application is not selected for an award, triplicate. If confirmation of receipt of
4. Geared Containerships the applicant will be provided a written comments is desired, include a self-
5. All other vessel types will be reason why the application was denied, addressed stamped postcard showing
considered after all applications for consistent with the requirements of 46 the special permit number.
the above listed vessel types have U.S.C. § 53103(c). FOR FURTHER INFORMATION CONTACT:
been reviewed. (Authority: 49 CFR Sections 1.92 and 1.93) Ryan Paquet, Director, Office of
National Security Requirements By Order of the Maritime Administrator. Hazardous Materials Approvals and
Dated: November 23, 2015. Permits Division, Pipeline and
If an applicant is chosen to receive a Hazardous Materials Safety
MSP Operating Agreement the applicant Jay R. Gordon,
Administration, U.S. Department of
will be required to enter into an Acting Secretary, Maritime Administration.
Transportation, East Building, PHH–30,
Emergency Preparedness Agreement [FR Doc. 2015–30199 Filed 11–25–15; 8:45 am]
1200 New Jersey Avenue Southeast,
(EPA) pursuant 46 U.S.C. § 53107. The BILLING CODE 4910–81–P Washington, DC 20590–0001, (202) 366–
EPA shall be a document incorporating 4535.
the terms of the Voluntary Intermodal Copies of the applications are
Sealift Agreement (VISA), as approved DEPARTMENT OF TRANSPORTATION
available for inspection in the Records
by the Secretary and SecDef, or such Center, East Building, PHH–30, 1200
other agreement as may be approved by Pipeline and Hazardous Materials
Safety Administration New Jersey Avenue Southeast,
the Secretaries. Washington, DC or at http://
Documentation Hazardous Materials: Notice of regulations.gov.
If a vessel is chosen to be the subject Application for Modification of Special This notice of receipt of applications
of an MSP Operating Agreement, and if Permit for modification of special permit is
such vessel is currently documented published in accordance with Part 107
AGENCY: Pipeline and Hazardous
under a foreign register, such vessel of the Federal hazardous materials
Materials Safety Administration
must be documented in the United transportation law (49 U.S.C. 5117(6);
(PHMSA), DOT.
49 CFR I .53(b)).
mstockstill on DSK4VPTVN1PROD with NOTICES

States under 46 U.S.C. Ch. 121 prior to ACTION: List of Application for
being eligible for MSP payments. Modification of Special Permits Issued in Washington, DC, November 4,
Further, proof of U.S. Coast Guard 2015.
vessel documentation and all relevant SUMMARY: In accordance with the Don Burger,
charter and management agreements for procedures governing the application Chief, General Approvals and Permits.

VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1

Document Created: 2015-12-14 14:05:27
Document Modified: 2015-12-14 14:05:27

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Application Period for the Maritime Security Program.
Dates		Applications for the potential enrollment of one or more vessels must be received no later than December 28, 2015. Applications should
Contact		William G. McDonald, Director, Office of Sealift Support, Maritime Administration, (202) 366-0688. For legal questions, call Ryan Kabacinski, Chief, Division of Maritime Programs, Maritime Administration, (202) 366-5176. For military-utility questions, call Mr. Tim Boemecke, United States Transportation Command, (618) 220-1452.
FR Citation		80 FR 74209

80 FR 74209 - Acceptance of Applications for the Potential Award of Maritime Security Program Operating Agreements

DEPARTMENT OF TRANSPORTATIONMaritime Administration

Federal Register Volume 80, Issue 228 (November 27, 2015)

DEPARTMENT OF TRANSPORTATION
Maritime Administration