81_FR_50198 81 FR 50052 - Voluntary Intermodal Sealift Agreement Open Season

81 FR 50052 - Voluntary Intermodal Sealift Agreement Open Season

DEPARTMENT OF TRANSPORTATION
Maritime Administration

Federal Register Volume 81, Issue 146 (July 29, 2016)

Page Range50052-50054
FR Document2016-17888

The Maritime Administration (MARAD) announces that the open season for Fiscal Year 2017 applications for participation in the Voluntary Intermodal Sealift Agreement (VISA) program will run for 30 days beginning today and ending August 29, 2016. The purpose of this notice is to invite interested, qualified U.S.-flag vessel operators that are not currently enrolled in the VISA program to apply. This is the only planned enrollment period for carriers to join the VISA program and derive benefits for Department of Defense (DOD) peacetime contracts initiated during the period from October 1, 2016, through September 30, 2017. Any U.S.-flag vessel operator organized under the laws of a state of the United States, or the District of Columbia, who is able and willing to commit militarily useful sealift assets and assume the related consequential risks of commercial disruption, may be eligible to participate in the VISA program. The mission of VISA is to provide commercial sealift and intermodal shipping services and systems, including access to vessels, vessel space, intermodal systems and equipment, terminal facilities, and related management services, to the Department of Defense (DOD), as necessary, to meet national defense contingency requirements or national emergencies. Carriers enrolled in the VISA program provide DOD with assured access to such services during contingencies. In return for their VISA commitment, DOD gives VISA participants priority for carriage of peacetime cargos.

Federal Register, Volume 81 Issue 146 (Friday, July 29, 2016)
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 50052-50054]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17888]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration


Voluntary Intermodal Sealift Agreement Open Season

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice of open season for enrollment in the VISA program.

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

SUMMARY: The Maritime Administration (MARAD) announces that the open 
season for Fiscal Year 2017 applications for participation in the 
Voluntary Intermodal Sealift Agreement (VISA) program will run for 30 
days beginning today and ending August 29, 2016. The purpose of this 
notice is to invite interested, qualified U.S.-flag vessel operators 
that are not currently enrolled in the VISA program to apply. This is 
the only planned enrollment period for carriers to join the VISA 
program and derive benefits for Department of Defense (DOD) peacetime 
contracts initiated during the period from October 1, 2016, through 
September 30, 2017.
    Any U.S.-flag vessel operator organized under the laws of a state 
of the United States, or the District of Columbia, who is able and 
willing to commit militarily useful sealift assets and assume the 
related consequential risks of commercial disruption, may be eligible 
to participate in the VISA program.
    The mission of VISA is to provide commercial sealift and intermodal 
shipping services and systems, including access to vessels, vessel 
space, intermodal systems and equipment, terminal facilities, and 
related management services, to the Department of Defense (DOD), as 
necessary, to meet national defense contingency requirements or 
national emergencies. Carriers enrolled in the VISA program provide DOD 
with assured access to such services during contingencies. In return 
for their VISA commitment, DOD gives VISA participants priority for 
carriage of peacetime cargos.

DATES: VISA Program applications must be received on or before August 
29, 2016.

ADDRESSES: Submit applications and questions related to this notice to 
William G. McDonald, Director, Office of Sealift Support, 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, U.S. Department of Transportation, Maritime 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. 
Telephone (202) 366-0688; Fax (202) 366-5904, electronic mail to 
[email protected] or visit http://www.marad.dot.gov.

SUPPLEMENTARY INFORMATION: The VISA program was established pursuant to 
Section 708 of the Defense Production Act of 1950, as amended (DPA). 
The VISA program was created to provide for voluntary agreements for 
emergency preparedness programs. Pursuant to the DPA, voluntary 
agreements for preparedness programs, including the VISA program expire 
five (5) years after the date they became effective.
    The VISA program is open to U.S.-flag vessel operators of 
oceangoing militarily useful vessels. An operator is defined as an 
owner or bareboat charterer of a vessel. Operators include vessel 
owners and bareboat charter operators if satisfactory signed agreements 
are in place committing the assets of the owner to VISA. Voyage and 
space charterers are not considered U.S.-flag vessel operators for 
purposes of VISA eligibility.

VISA Program

    The VISA program provides for the staged, time-phased availability 
of participants' shipping services/systems through pre-negotiated 
contracts between the Government and participants. Such arrangements 
are jointly planned with the MARAD, the United States Transportation 
Command (USTRANSCOM), and participants in peacetime to allow effective 
and best valued use of commercial sealift capacity, provide DOD assured 
contingency access, and to minimize commercial disruption.
    Throughout the activation of any stages of VISA, DOD may utilize 
voluntary commitment of sealift capacity or systems. Requests for 
volunteer capacity will be extended simultaneously to both participants 
and other carriers. First priority for

[[Page 50053]]

utilization will be given to participants who have signed Stage I and/
or Stage II contracts and are capable of meeting the operational 
requirements. Participants providing voluntary capacity may request 
USTRANSCOM to activate their pre-negotiated contingency contracts. To 
the maximum extent possible, USTRANSCOM, where appropriate, shall 
support such requests. Volunteered capacity will be credited against 
participants' staged commitments, in the event such stages are 
subsequently activated.
    There are three time-phased stages in the event of VISA activation. 
VISA Stages I and II provide for pre-negotiated contracts between DOD 
and participants to provide sealift capacity to meet all projected DOD 
contingency requirements. These contracts are executed in accordance 
with approved DOD contracting methodologies. VISA Stage III provides 
for additional capacity to DOD when Stages I and II commitments or 
volunteered capacity are insufficient to meet contingency requirements, 
and adequate shipping services from non-participants are not available 
through established DOD contracting practices or U.S. Government treaty 
agreements.

Exceptions to This Open Season

    The only exception to this open season period for VISA enrollment 
will be for a non-VISA carrier that reflags a vessel into U.S. 
registry. That carrier may submit an application to participate in the 
VISA program at any time upon completion of reflagging.

Advantages of Peacetime Participation

    In return for their VISA commitment, DOD awards peacetime cargo 
contracts to VISA participants on a priority basis. Award of DOD 
cargoes to meet DOD peacetime and contingency requirements is made on 
the basis of the following priorities: U.S.-flag vessel capacity 
operated by VISA participants and U.S.-flag Vessel Sharing Agreement 
(VSA) capacity held by VISA participants; U.S.-flag vessel capacity 
operated by non-participants; Combination U.S.-flag/foreign-flag vessel 
capacity operated by VISA participants, and combination U.S.-flag/
foreign-flag VSA capacity held by VISA participants; Combination U.S.-
flag/foreign-flag vessel capacity operated by non-participants; U.S.-
owned or operated foreign-flag vessel capacity and VSA capacity held by 
VISA participants; U.S.-owned or operated foreign-flag vessel capacity 
and VSA capacity held by non-participants; and Foreign-owned or 
operated foreign-flag vessel capacity of non-participants.

Participation

    Applicants must provide satisfactory evidence that the vessels 
being committed to the VISA program are operational and are intended to 
be operated by the applicant in the carriage of commercial or 
government preference cargoes. Operator is defined as an ocean common 
carrier or contract carrier that owns, controls or manages vessels by 
which ocean transportation is provided. While vessel brokers, freight 
forwarders, and agents play an important role as a conduit to locate 
and secure appropriate vessels for the carriage of DOD cargo, they are 
not eligible to participate in the VISA program due to lack of 
requisite vessel ownership or operation.

Commitment

    Any U.S.-flag vessel operator desiring to receive priority 
consideration for DOD peacetime contracts must enroll their entire 
U.S.-flag militarily useful capacity and associated services in the 
VISA program and commit no less than 50 percent of its total U.S.-flag 
capacity in Stage III of the VISA program. Participants operating 
vessels in international trade may receive top tier consideration in 
the award of DOD peacetime contracts by committing the minimum 
percentages of capacity to all three stages of VISA (Stage I--15%, 
Stage II--40%, Stage III--50%) or bottom tier consideration by 
committing the minimum percentage (50%) of capacity to only Stage III 
of VISA. USTRANSCOM and MARAD will coordinate to ensure that the amount 
of sealift assets committed to Stages I and II will not have an adverse 
national economic impact. To minimize domestic commercial disruption, 
participants operating vessels exclusively in the domestic coastwise 
trades (Jones Act) are not required to commit the capacity of those 
U.S. domestic trading vessels to VISA Stages I and II but will be 
required to commit 50% of that capacity in Stage III. Overall VISA 
commitment requirements are based on annual enrollment.
    In order to protect a U.S.-flag vessel operator's market share 
during contingency activation, VISA allows participants to join with 
other vessel operators in Carrier Coordination Agreements (CCAs) to 
satisfy commercial or DOD requirements. VISA provides a defense against 
antitrust laws in accordance with the DPA. CCAs must be submitted to 
the MARAD for coordination with the Department of Justice for approval, 
before they can be utilized.

Vessel Position Reporting

    If VISA applicants have the capability to track their vessels, they 
must include the tracking system used in their VISA application. Such 
applicants are required to provide MARAD access to their vessel 
tracking systems upon approval of their VISA application. If VISA 
applicants do not have a tracking system, they must indicate this in 
their VISA application. The VISA program requires enrolled ships to 
comply with 46 CFR part 307, Establishment of Mandatory Position 
Reporting System for Vessels.

Compensation

    In addition to receiving priority in the award of DOD peacetime 
cargo, a participant will receive compensation during contingency 
activation for that capacity activated under Stage I, II and III. The 
amount of compensation will depend on the Stage at which capacity is 
activated. During enrollment, each participant must select one of 
several compensation methodologies. The compensation methodology 
selection will be completed with USTRANSCOM resulting in prices in 
contingency contracts between DOD and the participant. Participants 
providing voluntary capacity may request USTRANSCOM to activate their 
pre-negotiated contingency contracts; to the maximum extent possible, 
USTRANSCOM, where appropriate, will support such requests. Volunteered 
capacity will be credited against participants' staged commitments, in 
the event such stages are subsequently activated.

Security Clearances

    All VISA applicants accepted for participation not having a 
Facility Security Clearance (FCL) will be required to pursue the 
facility clearance process with the Defense Security Service (DSS) 
within 45 days. If the accepted applicant does not have a facility 
clearance, MARAD will initiate the clearance process with DSS. 
Participants must have a FCL and a key representative of the company 
must have an individual security clearance, at a minimum of SECRET 
level, in order for them to participate in the VISA Joint Planning 
Advisory Group (JPAG) meetings and to meet VISA contingency contract 
obligations. One of the objectives of the JPAG is to provide the 
USTRANSCOM, MARAD and VISA participants with a planning forum to 
analyze DOD contingency sealift/intermodal service and resource 
requirements against industry commitments. JPAG meetings are often

[[Page 50054]]

SECRET classified sessions. Eligibility for VISA participation will be 
terminated if a key representative does not have a clearance, an 
applicant is rejected for a facility clearance by DSS, or the applicant 
fails to complete the clearance process in a timely manner.

Application for VISA Participation

    New applicants may apply to participate by obtaining a VISA 
application package (Form MA-1020 (OMB Approval No. 2133-0532)) from 
the Director, Office of Sealift Support. Form MA-1020 includes 
instructions for completing and submitting the application, blank VISA 
Application forms and a request for information regarding the 
operations and U.S. citizenship of the applicant company. A copy of the 
VISA document as published in the Federal Register on October 29, 2014 
will also be provided with the package. This information is needed in 
order to assist MARAD in making a determination of the applicant's 
eligibility. An applicant company must provide an affidavit that 
demonstrates that the company is qualified to document a vessel under 
46 U.S.C. 12103, and that it owns, or bareboat charters and controls, 
oceangoing, militarily useful vessel(s) for purposes of committing 
assets to the VISA program.
    New VISA applicants are required to submit their applications for 
the VISA program as described in this Notice no later than 30 days 
after the date of publication of this Federal Register notice. 
Applicants must provide the following: U.S. citizenship documentation; 
Copy of their Articles of Incorporation and/or By Laws; Copies of 
loadline documents from a recognized classification society to validate 
oceangoing vessel capability; U.S. Coast Guard Certificates of 
Documentation for all vessels in their fleet; Copy of Bareboat 
Charters, if applicable, valid through the period of enrollment, which 
state that the owner will not interfere with the charterer's obligation 
to commit chartered vessel(s) to the VISA program for the duration of 
the charter; and Copy of Time Charters, valid through the period of 
enrollment for tug services if sufficient tug service is not owned or 
bareboat chartered by the barge operator. Tug/Barge operators must 
provide evidence to MARAD that tug service of sufficient horsepower 
will be available for all barges enrolled in the VISA program.
    Once MARAD has reviewed the application and determined VISA 
eligibility, MARAD will sign the VISA application document which 
completes the eligibility phase of the VISA enrollment process. 
Approved VISA participants will be responsible for ensuring that 
information submitted with their application remains up to date after 
the approval process. If charter agreements are due to expire, 
participants must provide MARAD with charters that extend the charter 
duration for another 12 months or longer.
    After VISA eligibility is approved by MARAD, approved applicants 
are required to execute a VISA Contingency Contract with the USTRANSCOM 
in a timely manner. The USTRANSCOM VISA Contingency Contract will 
specify the following: Participant's Stage III commitment, and 
appropriate Stage I and/or II commitments for the period October 1, 
2016 through September 30, 2017; Drytime Contingency terms and 
conditions; and Liner Contingency terms and conditions, if applicable. 
If any change is expected in the Contractor's U.S. flag fleet during 
the period of the applicable VISA Contingency Contract, a minimum 30-
day notice shall be provided to MARAD and USTRANSCOM identifying the 
change and to alter the VISA Capacity Commitment indicated on 
Attachment 1 of the VISA Contingency Contract.
    Execution of the USTRANSCOM VISA Contingency Contract completes the 
enrollment process and establishes the approved applicant as a VISA 
Participant. The Maritime Administration reserves the right to 
revalidate all eligibility requirements without notice. USTRANSCOM 
reserves the right to revalidate eligibility for VISA priority for DOD 
business at any time without notice.

    Authority: 49 CFR Sections 1.92 and 1.93.
* * * * *

    By Order of the Maritime Administrator.

    Dated: July 25, 2016.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2016-17888 Filed 7-28-16; 8:45 am]
 BILLING CODE 4910-81-P



                                                50052                            Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices

                                                c. Standard Assurances                                     Information Collection: The Office of               participants priority for carriage of
                                                   The applicant must assure it will                     Management and Budget (OMB)                           peacetime cargos.
                                                comply with all applicable Federal                       approved the information collection                   DATES: VISA Program applications must
                                                                                                         associated with the PTC Grants                        be received on or before August 29,
                                                statutes, regulations, executive orders,
                                                                                                         Program. The approval number for this                 2016.
                                                FTA circulars, and other Federal
                                                                                                         collection of information is OMB No.
                                                administrative requirements in carrying                                                                        ADDRESSES: Submit applications and
                                                                                                         2130–0587.
                                                out any project supported by the FTA                                                                           questions related to this notice to
                                                grant. The applicant must acknowledge                      Issued in Washington, DC on July 21, 2016.          William G. McDonald, Director, Office
                                                that it is under a continuing obligation                 Carolyn Flowers,                                      of Sealift Support, U.S. Department of
                                                to comply with the terms and                             Acting Administrator, FTA.                            Transportation, Maritime
                                                conditions of the grant agreement issued                 Sarah E. Feinberg,                                    Administration, 1200 New Jersey
                                                for its project with FTA. The applicant                  Administrator, FRA.                                   Avenue SE., Washington, DC 20590.
                                                understands that Federal laws,                           [FR Doc. 2016–17943 Filed 7–28–16; 8:45 am]
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                regulations, policies, and administrative                                                                      William G. McDonald, Director, Office
                                                                                                         BILLING CODE 4910–06–P
                                                practices might be modified from time                                                                          of Sealift Support, U.S. Department of
                                                to time and may affect the                                                                                     Transportation, Maritime
                                                implementation of the project. The                       DEPARTMENT OF TRANSPORTATION                          Administration, 1200 New Jersey
                                                applicant must agree that the most                                                                             Avenue SE., Washington, DC 20590.
                                                recent Federal requirements will apply                   Maritime Administration                               Telephone (202) 366–0688; Fax (202)
                                                to the project, unless FTA issues a                                                                            366–5904, electronic mail to
                                                written determination otherwise. The                     Voluntary Intermodal Sealift                          william.g.mcdonald@dot.gov or visit
                                                applicant must submit the Certifications                 Agreement Open Season                                 http://www.marad.dot.gov.
                                                and Assurances before receiving a grant                  AGENCY: Maritime Administration,                      SUPPLEMENTARY INFORMATION: The VISA
                                                if it does not have current certifications               Department of Transportation.                         program was established pursuant to
                                                on file.                                                                                                       Section 708 of the Defense Production
                                                                                                         ACTION: Notice of open season for
                                                d. Reporting                                             enrollment in the VISA program.                       Act of 1950, as amended (DPA). The
                                                                                                                                                               VISA program was created to provide
                                                  Post-award reporting requirements                      SUMMARY: The Maritime Administration                  for voluntary agreements for emergency
                                                include submission of Federal Financial                  (MARAD) announces that the open                       preparedness programs. Pursuant to the
                                                Reports and Milestone Progress Reports                   season for Fiscal Year 2017 applications              DPA, voluntary agreements for
                                                in TrAMS.                                                for participation in the Voluntary                    preparedness programs, including the
                                                e. Technical Assistance and Other                        Intermodal Sealift Agreement (VISA)                   VISA program expire five (5) years after
                                                Program Information                                      program will run for 30 days beginning                the date they became effective.
                                                                                                         today and ending August 29, 2016. The                    The VISA program is open to U.S.-flag
                                                   This program is not subject to                        purpose of this notice is to invite                   vessel operators of oceangoing militarily
                                                Executive Order 12372,                                   interested, qualified U.S.-flag vessel                useful vessels. An operator is defined as
                                                ‘‘Intergovernmental Review of Federal                    operators that are not currently enrolled             an owner or bareboat charterer of a
                                                Programs.’’ FRA will consider                            in the VISA program to apply. This is                 vessel. Operators include vessel owners
                                                applications for funding only from                       the only planned enrollment period for                and bareboat charter operators if
                                                eligible recipients as explained in                      carriers to join the VISA program and                 satisfactory signed agreements are in
                                                Section 3.                                               derive benefits for Department of                     place committing the assets of the
                                                7. Federal Awarding Agency Contacts                      Defense (DOD) peacetime contracts                     owner to VISA. Voyage and space
                                                                                                         initiated during the period from October              charterers are not considered U.S.-flag
                                                  If you have a PTC technical project                    1, 2016, through September 30, 2017.                  vessel operators for purposes of VISA
                                                related question, you may contact Dr.                       Any U.S.-flag vessel operator                      eligibility.
                                                Mark Hartong, Senior Scientific                          organized under the laws of a state of
                                                Technical Advisor (phone: (202) 493–                     the United States, or the District of                 VISA Program
                                                1332; email: mark.hartong@dot.gov), or                   Columbia, who is able and willing to                    The VISA program provides for the
                                                Mr. Devin Rouse, Program Manager                         commit militarily useful sealift assets               staged, time-phased availability of
                                                (phone: (202) 493–6185, email:                           and assume the related consequential                  participants’ shipping services/systems
                                                devin.rouse@dot.gov.) Grant application                  risks of commercial disruption, may be                through pre-negotiated contracts
                                                submission and processing questions                      eligible to participate in the VISA                   between the Government and
                                                should be addressed to Ms. Amy                           program.                                              participants. Such arrangements are
                                                Houser, Office of Program Delivery,                         The mission of VISA is to provide                  jointly planned with the MARAD, the
                                                Federal Railroad Administration, 1200                    commercial sealift and intermodal                     United States Transportation Command
                                                New Jersey Avenue SE., Room W36–                         shipping services and systems,                        (USTRANSCOM), and participants in
                                                412, Washington, DC 20590; email:                        including access to vessels, vessel                   peacetime to allow effective and best
                                                amy.houser@dot.gov.                                      space, intermodal systems and                         valued use of commercial sealift
                                                  For questions relating to grant                        equipment, terminal facilities, and                   capacity, provide DOD assured
                                                requirements, please contact Eric Hu,                    related management services, to the                   contingency access, and to minimize
                                                Program Manager, Urban Programs                          Department of Defense (DOD), as                       commercial disruption.
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                                                (phone: (202) 366–0870, email                            necessary, to meet national defense                     Throughout the activation of any
                                                eric.hu@dot.gov). FTA grantees may also                  contingency requirements or national                  stages of VISA, DOD may utilize
                                                contact their FTA regional office.                       emergencies. Carriers enrolled in the                 voluntary commitment of sealift
                                                Contact for FTA’s regional offices can be                VISA program provide DOD with                         capacity or systems. Requests for
                                                found on FTA’s Web site at: https://                     assured access to such services during                volunteer capacity will be extended
                                                www.transit.dot.gov/about/regional-                      contingencies. In return for their VISA               simultaneously to both participants and
                                                offices/regional-offices.                                commitment, DOD gives VISA                            other carriers. First priority for


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                                                                                 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices                                            50053

                                                utilization will be given to participants                Participation                                         Vessel Position Reporting
                                                who have signed Stage I and/or Stage II                                                                          If VISA applicants have the capability
                                                contracts and are capable of meeting the                   Applicants must provide satisfactory
                                                                                                         evidence that the vessels being                       to track their vessels, they must include
                                                operational requirements. Participants                                                                         the tracking system used in their VISA
                                                providing voluntary capacity may                         committed to the VISA program are
                                                                                                         operational and are intended to be                    application. Such applicants are
                                                request USTRANSCOM to activate their                                                                           required to provide MARAD access to
                                                pre-negotiated contingency contracts.                    operated by the applicant in the carriage
                                                                                                         of commercial or government preference                their vessel tracking systems upon
                                                To the maximum extent possible,
                                                                                                         cargoes. Operator is defined as an ocean              approval of their VISA application. If
                                                USTRANSCOM, where appropriate,
                                                                                                                                                               VISA applicants do not have a tracking
                                                shall support such requests.                             common carrier or contract carrier that
                                                                                                                                                               system, they must indicate this in their
                                                Volunteered capacity will be credited                    owns, controls or manages vessels by
                                                                                                                                                               VISA application. The VISA program
                                                against participants’ staged                             which ocean transportation is provided.
                                                                                                                                                               requires enrolled ships to comply with
                                                commitments, in the event such stages                    While vessel brokers, freight forwarders,
                                                                                                                                                               46 CFR part 307, Establishment of
                                                are subsequently activated.                              and agents play an important role as a
                                                  There are three time-phased stages in                                                                        Mandatory Position Reporting System
                                                                                                         conduit to locate and secure appropriate              for Vessels.
                                                the event of VISA activation. VISA                       vessels for the carriage of DOD cargo,
                                                Stages I and II provide for pre-                         they are not eligible to participate in the           Compensation
                                                negotiated contracts between DOD and                     VISA program due to lack of requisite                    In addition to receiving priority in the
                                                participants to provide sealift capacity                 vessel ownership or operation.
                                                to meet all projected DOD contingency                                                                          award of DOD peacetime cargo, a
                                                requirements. These contracts are                        Commitment                                            participant will receive compensation
                                                executed in accordance with approved                                                                           during contingency activation for that
                                                DOD contracting methodologies. VISA                         Any U.S.-flag vessel operator desiring             capacity activated under Stage I, II and
                                                Stage III provides for additional capacity               to receive priority consideration for                 III. The amount of compensation will
                                                to DOD when Stages I and II                              DOD peacetime contracts must enroll                   depend on the Stage at which capacity
                                                commitments or volunteered capacity                      their entire U.S.-flag militarily useful              is activated. During enrollment, each
                                                are insufficient to meet contingency                     capacity and associated services in the               participant must select one of several
                                                requirements, and adequate shipping                      VISA program and commit no less than                  compensation methodologies. The
                                                services from non-participants are not                   50 percent of its total U.S.-flag capacity            compensation methodology selection
                                                available through established DOD                        in Stage III of the VISA program.                     will be completed with USTRANSCOM
                                                contracting practices or U.S.                            Participants operating vessels in                     resulting in prices in contingency
                                                Government treaty agreements.                            international trade may receive top tier              contracts between DOD and the
                                                                                                         consideration in the award of DOD                     participant. Participants providing
                                                Exceptions to This Open Season                           peacetime contracts by committing the                 voluntary capacity may request
                                                  The only exception to this open                        minimum percentages of capacity to all                USTRANSCOM to activate their pre-
                                                season period for VISA enrollment will                   three stages of VISA (Stage I—15%,                    negotiated contingency contracts; to the
                                                be for a non-VISA carrier that reflags a                 Stage II—40%, Stage III—50%) or                       maximum extent possible,
                                                vessel into U.S. registry. That carrier                  bottom tier consideration by committing               USTRANSCOM, where appropriate, will
                                                may submit an application to participate                 the minimum percentage (50%) of                       support such requests. Volunteered
                                                in the VISA program at any time upon                     capacity to only Stage III of VISA.                   capacity will be credited against
                                                completion of reflagging.                                USTRANSCOM and MARAD will                             participants’ staged commitments, in
                                                                                                         coordinate to ensure that the amount of               the event such stages are subsequently
                                                Advantages of Peacetime Participation                                                                          activated.
                                                                                                         sealift assets committed to Stages I and
                                                  In return for their VISA commitment,                   II will not have an adverse national
                                                DOD awards peacetime cargo contracts                                                                           Security Clearances
                                                                                                         economic impact. To minimize
                                                to VISA participants on a priority basis.                                                                        All VISA applicants accepted for
                                                                                                         domestic commercial disruption,
                                                Award of DOD cargoes to meet DOD                                                                               participation not having a Facility
                                                                                                         participants operating vessels
                                                peacetime and contingency                                                                                      Security Clearance (FCL) will be
                                                                                                         exclusively in the domestic coastwise
                                                requirements is made on the basis of the                                                                       required to pursue the facility clearance
                                                                                                         trades (Jones Act) are not required to
                                                following priorities: U.S.-flag vessel                                                                         process with the Defense Security
                                                                                                         commit the capacity of those U.S.
                                                capacity operated by VISA participants                                                                         Service (DSS) within 45 days. If the
                                                                                                         domestic trading vessels to VISA Stages
                                                and U.S.-flag Vessel Sharing Agreement                                                                         accepted applicant does not have a
                                                                                                         I and II but will be required to commit
                                                (VSA) capacity held by VISA                                                                                    facility clearance, MARAD will initiate
                                                                                                         50% of that capacity in Stage III. Overall
                                                participants; U.S.-flag vessel capacity                                                                        the clearance process with DSS.
                                                                                                         VISA commitment requirements are                      Participants must have a FCL and a key
                                                operated by non-participants;
                                                Combination U.S.-flag/foreign-flag                       based on annual enrollment.                           representative of the company must
                                                vessel capacity operated by VISA                            In order to protect a U.S.-flag vessel             have an individual security clearance, at
                                                participants, and combination U.S.-flag/                 operator’s market share during                        a minimum of SECRET level, in order
                                                foreign-flag VSA capacity held by VISA                   contingency activation, VISA allows                   for them to participate in the VISA Joint
                                                participants; Combination U.S.-flag/                     participants to join with other vessel                Planning Advisory Group (JPAG)
                                                foreign-flag vessel capacity operated by                 operators in Carrier Coordination                     meetings and to meet VISA contingency
                                                non-participants; U.S.-owned or                          Agreements (CCAs) to satisfy                          contract obligations. One of the
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                                                operated foreign-flag vessel capacity and                commercial or DOD requirements. VISA                  objectives of the JPAG is to provide the
                                                VSA capacity held by VISA                                provides a defense against antitrust laws             USTRANSCOM, MARAD and VISA
                                                participants; U.S.-owned or operated                     in accordance with the DPA. CCAs must                 participants with a planning forum to
                                                foreign-flag vessel capacity and VSA                     be submitted to the MARAD for                         analyze DOD contingency sealift/
                                                capacity held by non-participants; and                   coordination with the Department of                   intermodal service and resource
                                                Foreign-owned or operated foreign-flag                   Justice for approval, before they can be              requirements against industry
                                                vessel capacity of non-participants.                     utilized.                                             commitments. JPAG meetings are often


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                                                50054                            Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices

                                                SECRET classified sessions. Eligibility                  enrollment process. Approved VISA                          Buy America from the New Hampshire
                                                for VISA participation will be                           participants will be responsible for                       Office of Highway Safety (New
                                                terminated if a key representative does                  ensuring that information submitted                        Hampshire). NHTSA finds that a non-
                                                not have a clearance, an applicant is                    with their application remains up to                       availability waiver of the Buy America
                                                rejected for a facility clearance by DSS,                date after the approval process. If                        requirement is appropriate for the
                                                or the applicant fails to complete the                   charter agreements are due to expire,                      purchase of five (5) Sokia SX Robotic
                                                clearance process in a timely manner.                    participants must provide MARAD with                       total stations using Federal highway
                                                                                                         charters that extend the charter duration                  traffic safety grant funds because there
                                                Application for VISA Participation
                                                                                                         for another 12 months or longer.                           are no suitable products produced in the
                                                   New applicants may apply to                             After VISA eligibility is approved by                    United States.
                                                participate by obtaining a VISA                          MARAD, approved applicants are                             DATES: The effective date of this waiver
                                                application package (Form MA–1020                        required to execute a VISA Contingency                     is August 15, 2016. Written comments
                                                (OMB Approval No. 2133–0532)) from                       Contract with the USTRANSCOM in a                          regarding this notice may be submitted
                                                the Director, Office of Sealift Support.                 timely manner. The USTRANSCOM                              to NHTSA and must be received on or
                                                Form MA–1020 includes instructions                       VISA Contingency Contract will specify                     before: August 15, 2016.
                                                for completing and submitting the                        the following: Participant’s Stage III                     ADDRESSES: Written comments may be
                                                application, blank VISA Application                      commitment, and appropriate Stage I                        submitted using any one of the
                                                forms and a request for information                      and/or II commitments for the period                       following methods:
                                                regarding the operations and U.S.                        October 1, 2016 through September 30,                         • Mail: Docket Management Facility,
                                                citizenship of the applicant company. A                  2017; Drytime Contingency terms and                        M–30, U.S. Department of
                                                copy of the VISA document as                             conditions; and Liner Contingency                          Transportation, West Building, Ground
                                                published in the Federal Register on                     terms and conditions, if applicable. If                    Floor, Rm. W12–140, 1200 New Jersey
                                                October 29, 2014 will also be provided                   any change is expected in the                              Avenue SE., Washington, DC 20590.
                                                with the package. This information is                    Contractor’s U.S. flag fleet during the                       • Fax: Written comments may be
                                                needed in order to assist MARAD in                       period of the applicable VISA                              faxed to (202) 493–2251.
                                                making a determination of the                            Contingency Contract, a minimum 30-                           • Internet: To submit comments
                                                applicant’s eligibility. An applicant                    day notice shall be provided to MARAD                      electronically, go to the Federal
                                                company must provide an affidavit that                   and USTRANSCOM identifying the                             regulations Web site at http://
                                                demonstrates that the company is                         change and to alter the VISA Capacity                      www.regulations.gov. Follow the online
                                                qualified to document a vessel under 46                  Commitment indicated on Attachment 1                       instructions for submitting comments.
                                                U.S.C. 12103, and that it owns, or                       of the VISA Contingency Contract.                             • Hand Delivery: West Building
                                                bareboat charters and controls,                            Execution of the USTRANSCOM                              Ground Floor, Room W12–140, 1200
                                                oceangoing, militarily useful vessel(s)                  VISA Contingency Contract completes                        New Jersey Avenue SE., between 9 a.m.
                                                for purposes of committing assets to the                 the enrollment process and establishes                     and 5 p.m. Eastern Time, Monday
                                                VISA program.                                            the approved applicant as a VISA                           through Friday, except Federal holidays.
                                                   New VISA applicants are required to                   Participant. The Maritime                                     Instructions: All comments submitted
                                                submit their applications for the VISA                   Administration reserves the right to                       in relation to this waiver must include
                                                program as described in this Notice no                   revalidate all eligibility requirements                    the agency name and docket number.
                                                later than 30 days after the date of                                                                                Please note that all comments received
                                                                                                         without notice. USTRANSCOM reserves
                                                publication of this Federal Register                                                                                will be posted without change to http://
                                                                                                         the right to revalidate eligibility for
                                                notice. Applicants must provide the                                                                                 www.regulations.gov, including any
                                                                                                         VISA priority for DOD business at any
                                                following: U.S. citizenship                                                                                         personal information provided. You
                                                                                                         time without notice.
                                                documentation; Copy of their Articles of                                                                            may also call the Docket at 202–366–
                                                Incorporation and/or By Laws; Copies of                       Authority: 49 CFR Sections 1.92 and 1.93.
                                                                                                                                                                    9324.
                                                loadline documents from a recognized                     *       *         *       *       *
                                                classification society to validate                                                                                  FOR FURTHER INFORMATION CONTACT: For
                                                                                                           By Order of the Maritime Administrator.
                                                oceangoing vessel capability; U.S. Coast                                                                            program issues, contact Barbara Sauers,
                                                                                                           Dated: July 25, 2016.                                    Office of Regional Operations and
                                                Guard Certificates of Documentation for
                                                                                                         T. Mitchell Hudson, Jr.,                                   Program Delivery, NHTSA (phone: 202–
                                                all vessels in their fleet; Copy of
                                                                                                         Secretary, Maritime Administration.                        366–0144). For legal issues, contact
                                                Bareboat Charters, if applicable, valid
                                                through the period of enrollment, which                  [FR Doc. 2016–17888 Filed 7–28–16; 8:45 am]                Andrew DiMarsico, Office of Chief
                                                state that the owner will not interfere                  BILLING CODE 4910–81–P                                     Counsel, NHTSA (phone: 202–366–
                                                with the charterer’s obligation to                                                                                  5263). You may send mail to these
                                                commit chartered vessel(s) to the VISA                                                                              officials at the National Highway Traffic
                                                program for the duration of the charter;                 DEPARTMENT OF TRANSPORTATION                               Safety Administration, 1200 New Jersey
                                                and Copy of Time Charters, valid                                                                                    Avenue SE., Washington, DC 20590.
                                                                                                         National Highway Traffic Safety
                                                through the period of enrollment for tug                                                                            SUPPLEMENTARY INFORMATION: This
                                                                                                         Administration
                                                services if sufficient tug service is not                                                                           notice provides NHTSA’s finding that a
                                                owned or bareboat chartered by the                       [Docket No. NHTSA—2016–0080]                               waiver of the Buy America requirement,
                                                barge operator. Tug/Barge operators                                                                                 23 U.S.C. 313, is appropriate for New
                                                must provide evidence to MARAD that                      Notice of Buy America Waiver                               Hampshire to purchase five (5) Sokia SX
                                                tug service of sufficient horsepower will                                                                           Robotic total stations. The cost for all
ebenthall on DSK5MVXVN1PROD with NOTICES




                                                                                                         AGENCY: National Highway Traffic
                                                be available for all barges enrolled in the              Safety Administration (NHTSA),                             five stations amount to $135,000 using
                                                VISA program.                                            Department of Transportation (DOT).                        grant funds authorized under 23 U.S.C.
                                                   Once MARAD has reviewed the                           ACTION: Notice of Buy America waiver.                      402 and 405(d). Section 402 funds are
                                                application and determined VISA                                                                                     available for use by state highway safety
                                                eligibility, MARAD will sign the VISA                    SUMMARY: This notice provides                              programs that, among other things,
                                                application document which completes                     NHTSA’s finding with respect to a                          reduce or prevent injuries and deaths
                                                the eligibility phase of the VISA                        request to waive the requirements of                       resulting from speeding motor vehicles,


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Document Created: 2018-02-08 07:51:23
Document Modified: 2018-02-08 07:51:23
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 of open season for enrollment in the VISA program.
DatesVISA Program applications must be received on or before August 29, 2016.
ContactWilliam G. McDonald, Director, Office of Sealift Support, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone (202) 366-0688; Fax (202) 366-5904, electronic mail to [email protected] or visit http://www.marad.dot.gov.
FR Citation81 FR 50052 

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