81_FR_5532 81 FR 5511 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel NN59; Invitation for Public Comments

81 FR 5511 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel NN59; Invitation for Public Comments

DEPARTMENT OF TRANSPORTATION
Maritime Administration

Federal Register Volume 81, Issue 21 (February 2, 2016)

Page Range5511-5512
FR Document2016-01874

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

Federal Register, Volume 81 Issue 21 (Tuesday, February 2, 2016)
[Federal Register Volume 81, Number 21 (Tuesday, February 2, 2016)]
[Notices]
[Pages 5511-5512]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01874]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2016 0001]


Requested Administrative Waiver of the Coastwise Trade Laws: 
Vessel NN59; Invitation for Public Comments

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice.

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

DATES: Submit comments on or before March 3, 2016.

ADDRESSES: Comments should refer to docket number MARAD-2016-0001. 
Written comments may be submitted by

[[Page 5512]]

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

FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE., 
Room W23-465, Washington, DC 20590. Telephone 202-366-9309, Email 
[email protected].

SUPPLEMENTARY INFORMATION: As described by the applicant the intended 
service of the vessel NN59 is:
    Intended Commercial Use of Vessel: ``Teach sailing, take maritime 
heritage tourists, other user groups on the Sailboat's geographic 
region intended operation.''
    Geographic Region: ``Washington State, Oregon, Alaska (excluding 
waters in Southeastern Alaska and waters north of a line between Gore 
Point to Cape Suckling [including the North Gulf Coast and Prince 
William Sound]).''
    The complete application is given in DOT docket MARAD-2016-0001 at 
http://www.regulations.gov. Interested parties may comment on the 
effect this action may have on U.S. vessel builders or businesses in 
the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance 
with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388, that 
the issuance of the waiver will have an unduly adverse effect on a 
U.S.-vessel builder or a business that uses U.S.-flag vessels in that 
business, a waiver will not be granted. Comments should refer to the 
docket number of this notice and the vessel name in order for MARAD to 
properly consider the comments. Comments should also state the 
commenter's interest in the waiver application, and address the waiver 
criteria given in Sec.  388.4 of MARAD's regulations at 46 CFR part 
388.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78).

    By Order of the Maritime Administrator.

    Dated: January 12, 2016.
Thomas M. Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2016-01874 Filed 2-1-16; 8:45 am]
 BILLING CODE 4910-81-P



                                                                          Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Notices                                                  5511

                                                g. The total dollar amount of Class B                Management Company that is highly                     reserving more private capital. The
                                             commitments must be equal to the Class                  disproportionate to the ownership of the              strategies you choose to employ should
                                             A limited partner’s unfunded                            general partner (e.g., one principal is the           be appropriate for your management
                                             commitment to the SBIC. SBA will not                    100% owner) is not viewed favorably by                team’s track record and investment
                                             require Class B commitments if the                      SBA, but may be acceptable if there are               strategy.
                                             SBIC’s Regulatory Capital will not                      adequate checks and balances on the                      C. SBA Diversification Rights. Per 13
                                             include any unfunded commitments                        powers of the dominant owner. Areas                   CFR 107.320, SBA reserves the right to
                                             from the Class A limited partner.                       that cannot be subject to unilateral                  maintain diversification among Early
                                                C. Capitalization. Applicants must                   decision-making include the following:                Stage SBICs with respect to (i) the year
                                             raise the minimum $20 million in                          1. Power to remove or terminate other               in which they commence operations
                                             Regulatory Capital by the time the                      principals.                                           (‘‘vintage year’’) and (ii) geographic
                                             license application is submitted.                         2. Power to change the composition of               location.
                                                1. Capital commitments from limited                  the Early Stage SBIC’s investment                        1. Vintage Year Diversification.
                                             partners must be made directly to the                   committee.                                            Vintage year has a major impact on the
                                             SBIC (and its parent fund, in the case of               V. Early Stage SBIC Licensing                         return expectations of a fund and
                                             a drop-down) with no intermediaries                     Evaluation Criteria                                   excessive concentration in a single year
                                             involved.                                                                                                     could substantially increase program
                                                2. The Early Stage SBIC applicant                       A. General Criteria. SBA will evaluate             risk. Therefore, SBA reserves the right,
                                             must have the unconditional ability to                  an Early Stage SBIC license applicant                 when licensing Early Stage SBICs, to
                                             legally enforce collection of each capital              based on the submitted application                    maintain diversification across vintage
                                             commitment.                                             materials, Investment Committee                       years. If SBA receives an extraordinary
                                                3. Capital Certificate. Capital                      interviews with the applicant’s                       number of qualified applicants in FY
                                             commitments must be documented in                       management team, and the results of                   2016, it may not approve all such
                                             the capital certificate (Exhibit K of SBA               background investigations, public                     applicants in the same Fiscal Year.
                                             Form 2183) and comply with the                          record searches, and other due diligence                 2. Geographic Diversification. All
                                             following:                                              conducted by SBA and other Federal                    Early Stage SBICs must first meet SBA’s
                                                a. A signed Capital Certificate must be              agencies. SBA will evaluate an Early                  basic licensing criteria. After those
                                             submitted with the license application.                 Stage SBIC license applicant based on                 criteria are met, SBA reserves the right
                                                b. SBA will permit only the sole                     the same factors applicable to other                  to maintain diversification among Early
                                             following condition on private capital                  license applicants, as set forth in 13 CFR            Stage SBICs with respect to the
                                             commitments: the receipt of an Early                    107.305, with particular emphasis on                  geographic location in which the Early
                                             Stage SBIC license.                                     managers’ skills and experience in                    Stage SBIC expects to invest.
                                                c. Individual investors must list                    evaluating and investing in early stage
                                             primary residence address, not a                        companies. As discussed in the Final                  Michele Schimpp,
                                             business address.                                       Rule, evaluation criteria fall into four              Deputy Associate Administrator Office of
                                                d. Street addresses are required (no                 areas: (A) Management Team; (B) Track                 Investment and Innovation.
                                             P.O. Box addresses).                                    Record; (C) Proposed Investment                       [FR Doc. 2016–01879 Filed 2–1–16; 8:45 am]
                                                4. A dual commitment may be                          Strategy; and (D) Organizational                      BILLING CODE 8025–01–P
                                             obtained to back up the commitment of                   Structure and Fund Economics. You
                                             any direct investor in the SBIC who is                  should review these regulations prior to
                                             not an Institutional Investor.                          completing your MAQ.                                  DEPARTMENT OF TRANSPORTATION
                                                5. Capital commitments by the                           B. Managing SBA Leverage. SBA will
                                             principals, general partner, or their                   pay particular attention to how a team’s              Maritime Administration
                                             affiliates must be payable in cash when                 investment strategy works with
                                                                                                     proposed SBA leverage. Early Stage                    [Docket No. MARAD–2016 0001]
                                             called (cannot be satisfied with notes or
                                             management fee waivers).                                Debenture leverage either requires a 5                Requested Administrative Waiver of
                                                D. General Partner                                   year interest and annual charge reserve               the Coastwise Trade Laws: Vessel
                                                1. All principals must:                              from the date of issue or is structured               NN59; Invitation for Public Comments
                                                a. Hold direct ownership interests in                with an original issue discount that
                                             and be the direct individual managers of                covers the interest and annual charges                AGENCY: Maritime Administration,
                                             the general partner, with no intervening                for the first 5 years. In either case, Early          Department of Transportation.
                                             entities.                                               Stage SBICs must identify how quarterly               ACTION: Notice.
                                                b. Receive carried interest directly                 interest payments beginning in the 6th
                                             from the general partner; for drop-down                 year from Debenture issue will be met.                SUMMARY:   As authorized by 46 U.S.C.
                                             SBICs, carried interest may be received                 Sources of liquidity to make interest                 12121, the Secretary of Transportation,
                                             from the parent fund’s general partner.                 payments may include (a) private                      as represented by the Maritime
                                                2. A maximum of 25% of the carried                   capital; (b) realizations; or (c) current             Administration (MARAD), is authorized
                                             interest may be allocated to non-                       income. As part of your plan of                       to grant waivers of the U.S.-build
                                             principals.                                             operations, you should carefully                      requirement of the coastwise laws under
                                                3. Any provision to remove or                        consider how your investment strategy                 certain circumstances. A request for
                                             terminate a principal must be spelled                   will work with SBA leverage and make                  such a waiver has been received by
                                             out within the general partner’s                        appropriate suggestions to manage risk.               MARAD. The vessel, and a brief
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                                             organizational document and must not                    Risk mitigation strategies might include              description of the proposed service, is
                                             be tied to events occurring under other                 making some investments in current pay                listed below.
                                             agreements (e.g., a principal’s                         instruments, taking down less than a                  DATES: Submit comments on or before
                                             employment agreement with the                           full tier of leverage (i.e., leverage less            March 3, 2016.
                                             management company).                                    than 100% of Regulatory Capital), taking              ADDRESSES: Comments should refer to
                                                E. Investment Advisor (‘‘Management                  leverage down later in the fund’s life,               docket number MARAD–2016–0001.
                                             Company’’). Ownership of the                            lowering management expenses, and                     Written comments may be submitted by


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                                             5512                              Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Notices

                                             hand or by mail to the Docket Clerk,                        U.S.-flag vessels in that business, a                    DATES: Any comments on this inventory
                                             U.S. Department of Transportation,                          waiver will not be granted. Comments                     should be submitted in writing to the
                                             Docket Operations, M–30, West                               should refer to the docket number of                     contact person by March 3, 2016.
                                             Building Ground Floor, Room W12–140,                        this notice and the vessel name in order
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                             1200 New Jersey Avenue SE.,                                 for MARAD to properly consider the
                                             Washington, DC 20590. You may also                                                                                   Michael Hokana, Office of Cargo and
                                                                                                         comments. Comments should also state
                                             send comments electronically via the                                                                                 Commercial Sealift, Maritime
                                                                                                         the commenter’s interest in the waiver
                                             Internet at http://www.regulations.gov.                                                                              Administration, MAR–620, 1200 New
                                                                                                         application, and address the waiver
                                             All comments will become part of this                                                                                Jersey Avenue SE., Washington, DC
                                                                                                         criteria given in § 388.4 of MARAD’s
                                             docket and will be available for                                                                                     20590. Telephone 202–366–0760; email:
                                                                                                         regulations at 46 CFR part 388.
                                             inspection and copying at the above                                                                                  Michael.Hokana@dot.gov.
                                             address between 10 a.m. and 5 p.m.,                         Privacy Act
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:       Pursuant
                                             E.T., Monday through Friday, except                           Anyone is able to search the                           to 46 CFR part 389 (Docket No.
                                             federal holidays. An electronic version                     electronic form of all comments                          MARAD–2008–0045) Determination of
                                             of this document and all documents                          received into any of our dockets by the                  Availability of Coastwise-Qualified
                                             entered into this docket is available on                    name of the individual submitting the                    Vessels for the Transportation of
                                             the World Wide Web at http://                               comment (or signing the comment, if                      Platform Jackets, the Final Rule requires
                                             www.regulations.gov.                                        submitted on behalf of an association,                   that the Maritime Administration
                                             FOR FURTHER INFORMATION CONTACT:                            business, labor union, etc.). You may                    publish a notice in the Federal Register
                                             Bianca Carr, U.S. Department of                             review DOT’s complete Privacy Act                        requesting that owners or operators (or
                                             Transportation, Maritime                                    Statement in the Federal Register                        potential owners or operators) of
                                             Administration, 1200 New Jersey                             published on April 11, 2000 (Volume                      coastwise qualified launch barges notify
                                             Avenue SE., Room W23–465,                                   65, Number 70; Pages 19477–78).                          us of: (1) Their interest in participating
                                             Washington, DC 20590. Telephone 202–                          By Order of the Maritime Administrator.                in the transportation and, if needed, the
                                             366–9309, Email Bianca.carr@dot.gov.                          Dated: January 12, 2016.                               launching or installation of offshore
                                             SUPPLEMENTARY INFORMATION: As                               Thomas M. Hudson, Jr.,                                   platform jackets; (2) the contact
                                             described by the applicant the intended                     Secretary, Maritime Administration.
                                                                                                                                                                  information for their company; and, (3)
                                             service of the vessel NN59 is:                                                                                       the specifications of any currently
                                                                                                         [FR Doc. 2016–01874 Filed 2–1–16; 8:45 am]
                                                Intended Commercial Use of Vessel:                                                                                owned or operated coastwise qualified
                                                                                                         BILLING CODE 4910–81–P
                                             ‘‘Teach sailing, take maritime heritage                                                                              launch barges or plans to construct
                                             tourists, other user groups on the                                                                                   same. In addition, we are also seeking
                                             Sailboat’s geographic region intended                       DEPARTMENT OF TRANSPORTATION                             information on non-coastwise qualified
                                             operation.’’                                                                                                         (U.S.-flag) launch barges as well.
                                                Geographic Region: ‘‘Washington                          Maritime Administration                                  Privacy Act
                                             State, Oregon, Alaska (excluding waters
                                             in Southeastern Alaska and waters north                     [Docket No. MARAD–2016 0006]
                                                                                                                                                                    Anyone is able to search the
                                             of a line between Gore Point to Cape                                                                                 electronic form of all comments
                                             Suckling [including the North Gulf                          Inventory of U.S.-Flag Launch Barges
                                                                                                                                                                  received into any of our dockets by the
                                             Coast and Prince William Sound]).’’                         AGENCY:  Maritime Administration,                        name of the individual submitting the
                                                The complete application is given in                     Department of Transportation.                            comment (or signing the comment, if
                                             DOT docket MARAD–2016–0001 at                               ACTION: Inventory of U.S.-flag launch                    submitted on behalf of an association,
                                             http://www.regulations.gov. Interested                      barges.                                                  business, labor union, etc.). You may
                                             parties may comment on the effect this                                                                               review DOT’s complete Privacy Act
                                             action may have on U.S. vessel builders                     SUMMARY:   The Maritime Administration                   Statement in the Federal Register
                                             or businesses in the U.S. that use U.S.-                    is updating its inventory of U.S.-flag                   published on April 11, 2000 (Volume
                                             flag vessels. If MARAD determines, in                       launch barges. Additions, changes and                    65, Number 70; Pages 19477–78).
                                             accordance with 46 U.S.C. 12121 and                         comments to the list are requested.
                                             MARAD’s regulations at 46 CFR part                          Launch barge information may be found                      By Order of the Maritime Administrator.
                                             388, that the issuance of the waiver will                   at http://www.marad.dot.gov/ships-and-                     Dated: January 12, 2016.
                                             have an unduly adverse effect on a U.S.-                    shipping/domestic-shipping/launch-                       T. Mitchell Hudson, Jr.,
                                             vessel builder or a business that uses                      barge-program/.                                          Secretary, Maritime Administration.

                                                                                                         REPORTED U.S.-FLAG LAUNCH BARGES
                                                                                                                                                                                    Approx launch
                                                                                                                              Length               Beam               DWT                           Coaswise
                                                  Vessel name                      Owner                   Built                                                                      capacity
                                                                                                                               (ft.)                (ft.)            (L. T.)                        qualified
                                                                                                                                                                                       (L. T.)

                                             455 4 .......................   Crowley Marine                        2009                400                  105            19,226          18,766      X
                                                                               Services.
                                             455 5 .......................   Crowley Marine                        2009                400                  105            19,226          18,766      X
                                                                               Services.
                                             455 6 .......................   Crowley Marine                        2009                400                  105            19,226          18,766      X
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                                                                               Services.
                                             455 7 .......................   Crowley Marine                        2009                400                  105            19,226          18,766      X
                                                                               Services.
                                             455 8 .......................   Crowley Marine                        2010                400                  105            19,226          18,766      X
                                                                               Services.
                                             455 9 .......................   Crowley Marine                        2010                400                  105            19,226          18,766      X
                                                                               Services.



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Document Created: 2016-02-02 00:31:39
Document Modified: 2016-02-02 00:31:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit comments on or before March 3, 2016.
ContactBianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23-465, Washington, DC 20590. Telephone 202-366-9309, Email [email protected]
FR Citation81 FR 5511 

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