81_FR_68295 81 FR 68104 - Acceptance of Applications for the Award of Two Maritime Security Program Operating Agreements

81 FR 68104 - Acceptance of Applications for the Award of Two Maritime Security Program Operating Agreements

DEPARTMENT OF TRANSPORTATION
Maritime Administration

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range68104-68105
FR Document2016-23823

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

Federal Register, Volume 81 Issue 191 (Monday, October 3, 2016)
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68104-68105]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23823]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration


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

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice of application period for the Maritime Security Program.

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

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

DATES: Applications for the enrollment of two vessels must be received 
no later than November 2, 2016. Applications should be submitted to the 
address listed in the ADDRESSES section below.

ADDRESSES: Application forms and instructions are available on the 
MARAD Web site at http://www.marad.dot.gov/ships-and-shipping/strategic-sealift/maritime-security-program-msp/. Applications shall be 
addressed to the Director, Office of Sealift Support, Maritime 
Administration, Department of Transportation, Maritime Administration, 
1200 New Jersey Avenue SE., W25-310, Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION: Section 53102(a) of Title 46, United States 
Code, directs the Secretary of Transportation (Secretary), in 
consultation with the Secretary of Defense (SecDef), to establish a 
fleet of active, commercially-viable, militarily-useful, privately-
owned vessels to meet national defense and other security requirements. 
Payments to participating operators are subject to the availability of 
appropriations and are limited to the following amounts: $3.5 million 
per ship for FY 2016, $4.99995 million per ship for FY 2017, $5.0 
million per ship for FY 2018 through 2020, $5.233463 million per ship 
for FY 2021, and $3.7 million per ship for FY 2022 through FY 2025. 
Consistent with the National Security Requirements section below, 
participating operators are required to make their commercial 
transportation resources available upon request by SecDef during times 
of war or national emergency.

Application Criteria

    The NDAA 2013 amended the procedures in 46 U.S.C. 53103(c) for 
awarding new MSP Operating Agreements. Namely, it established a revised 
priority system whereby applications would first be evaluated on the 
basis of vessel type, as determined by Department of Defense (DOD) 
requirements, with secondary consideration then provided to the 
citizenship status of the applicant.

[[Page 68105]]

Vessel Requirements

    Acceptable vessels for these MSP Operating Agreements must meet the 
requirements of 46 U.S.C. 53102(b) and 46 CFR 296.11. In addition, the 
Commander, USTRANSCOM, has established DOD general evaluation criteria 
on the military requirements for eligible MSP vessels. Priority 
consideration, consistent with the requirements of 46 U.S.C. 53103(c), 
will be given to applications providing for enrollment of the following 
vessel types in order of priority:
    1. Roll-On/Roll-Off (RO/RO) Vessels.
    2. Multi-Purpose/Heavy Lift Vessels.
    3. Geared Container Ships.
    4. All other vessel types, which will be considered after all 
applications for the above listed vessels types have been reviewed.
    For each individual application, the offered vessel's class society 
vessel-type designation will serve as the primary factor in determining 
the priority category in which the vessel is placed.

National Security Requirements

    Successful applicants will be required to enter into an Emergency 
Preparedness Agreement (EPA) pursuant to 46 U.S.C. 53107. The EPA 
incorporates the terms of the Voluntary Intermodal Sealift Agreement 
(VISA), available in 79 FR 64462 (October 29, 2014).

Documentation

    Vessels must be documented in the United States under 46 U.S.C. 
chapter 121 prior to being eligible for MSP payments. Further, proof of 
U.S. Coast Guard vessel documentation and all relevant charter and 
management agreements must be approved by MARAD before the vessel will 
be eligible to receive MSP payments. If a vessel being considered is 
not currently under U.S. documentation, MARAD requires information 
regarding the time line proposed that would bring the vessel under U.S. 
Coast Guard documentation.

Vessel Operation

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

Prior Applicants

    Applicants who previously responded to MARAD's November 27, 2015, 
Notice of Application Period for the Maritime Security Program, 80 FR 
74209 (November 27, 2015), that wish to submit the same vessel(s) for 
consideration may do so by submitting a letter expressing their 
intention and providing any updated information and documentation.

Award

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

Protection of Confidential Commercial or Financial Information

    If the application includes information that the applicant 
considers to be a trade secret or confidential commercial or financial 
information, the applicant should do the following: (1) Note on the 
front cover that the submission ``Contains Confidential Commercial or 
Financial Information (CCFI)''; (2) mark each affected page ``CCFI''; 
and (3) highlight or otherwise denote the CCFI portions. MARAD will 
protect such information from disclosure to the extent allowed under 
applicable law. In the event MARAD receives a Freedom of Information 
Act (FOIA) request for the information, procedures described in the 
Department's FOIA regulation at 49 CFR 7.29 will be followed. Only 
information that is ultimately determined to be confidential under that 
procedure will be exempt from disclosure under FOIA.

(Authority: 46 U.S.C. 53102 and 53103; 46 CFR 296.24; 49 CFR 1.92 
and 1.93)

    By Order of the Maritime Administrator.

    Dated: September 28, 2016.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2016-23823 Filed 9-30-16; 8:45 am]
 BILLING CODE 4910-81-P



                                                68104                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices

                                                published. 44 U.S.C. 3507(b)–(c); 5 CFR                 Street NW., Washington, DC 20503,                     applications for vessel enrollment in the
                                                1320.12(d); see also 60 FR 44978, 44983,                Attention: FTA Desk Officer.                          MSP.
                                                Aug. 29, 1995. OMB believes that the 30                 Alternatively, comments may be sent
                                                                                                                                                              DATES:  Applications for the enrollment
                                                day notice informs the regulated                        via email to the Office of Information
                                                                                                                                                              of two vessels must be received no later
                                                community to file relevant comments                     and Regulatory Affairs (OIRA), Office of
                                                                                                                                                              than November 2, 2016. Applications
                                                and affords the agency adequate time to                 Management and Budget, at the
                                                                                                                                                              should be submitted to the address
                                                digest public comments before it                        following address: oira_submissions@
                                                                                                                                                              listed in the ADDRESSES section below.
                                                renders a decision. 60 FR 44983, Aug.                   omb.eop.gov.
                                                29, 1995. Therefore, respondents should                    Comments are Invited on: Whether                   ADDRESSES:   Application forms and
                                                submit their respective comments to                     the proposed collection of information                instructions are available on the
                                                OMB within 30 days of publication to                    is necessary for the proper performance               MARAD Web site at http://
                                                best ensure having their full effect. 5                 of the functions of the Department,                   www.marad.dot.gov/ships-and-
                                                CFR 1320.12(c); see also 60 FR 44983,                   including whether the information will                shipping/strategic-sealift/maritime-
                                                Aug. 29, 1995.                                          have practical utility; the accuracy of               security-program-msp/. Applications
                                                   The summaries below describe the                     the Department’s estimate of the burden               shall be addressed to the Director, Office
                                                nature of the information collection                    of the proposed information collection;               of Sealift Support, Maritime
                                                requirements (ICRs) and the expected                    ways to enhance the quality, utility, and             Administration, Department of
                                                burden. The requirements are being                      clarity of the information to be                      Transportation, Maritime
                                                submitted for clearance by OMB as                       collected; and ways to minimize the                   Administration, 1200 New Jersey
                                                required by the PRA.                                    burden of the collection of information               Avenue SE., W25–310, Washington, DC
                                                   Title: 49 U.S.C. Section 5337, the                   on respondents, including the use of                  20590.
                                                State of Good Repair Grants Program.                    automated collection techniques or
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                   OMB Control Number: 2132–0577.                       other forms of information technology.
                                                                                                        A comment to OMB is best assured of                   William G. McDonald, Director, Office
                                                   Type of Request: Extension without
                                                                                                        having its full effect if OMB receives it             of Sealift Support, Maritime
                                                change of a currently approved
                                                                                                        within 30 days of publication of this                 Administration, (202) 366–0688. For
                                                information collection.
                                                                                                        notice in the Federal Register.                       military utility questions, call Mr. Tim
                                                   Abstract: 49 U.S.C. Section 5337, the
                                                                                                                                                              Boemecke, United States Transportation
                                                State of Good Repair Grants Program                     William Hyre,                                         Command (USTRANSCOM), (618) 220–
                                                was authorized by Moving Ahead for
                                                                                                        Deputy Associate Administrator for                    1452.
                                                Progress in the 21st Century (MAP–21).                  Administration.
                                                It was reauthorized under the Fixing                                                                          SUPPLEMENTARY INFORMATION:      Section
                                                                                                        [FR Doc. 2016–23771 Filed 9–30–16; 8:45 am]
                                                America’s Surface Transportation                                                                              53102(a) of Title 46, United States Code,
                                                                                                        BILLING CODE P
                                                (FAST) Act Section 3015. This program                                                                         directs the Secretary of Transportation
                                                authorizes the Secretary of                                                                                   (Secretary), in consultation with the
                                                Transportation to make grants to                        DEPARTMENT OF TRANSPORTATION                          Secretary of Defense (SecDef), to
                                                designated recipients to maintain,                                                                            establish a fleet of active, commercially-
                                                replace, and rehabilitate high intensity                Maritime Administration                               viable, militarily-useful, privately-
                                                fixed guideway systems and high                                                                               owned vessels to meet national defense
                                                intensity motorbus systems. Eligible                    Acceptance of Applications for the                    and other security requirements.
                                                recipients include state and local                      Award of Two Maritime Security                        Payments to participating operators are
                                                government authorities in urbanized                     Program Operating Agreements                          subject to the availability of
                                                areas with high intensity fixed                                                                               appropriations and are limited to the
                                                                                                        AGENCY: Maritime Administration,
                                                guideway systems and/or high intensity                                                                        following amounts: $3.5 million per
                                                                                                        Department of Transportation.
                                                motorbus systems operating for at least                                                                       ship for FY 2016, $4.99995 million per
                                                                                                        ACTION: Notice of application period for
                                                seven years. Projects are funded at 80                                                                        ship for FY 2017, $5.0 million per ship
                                                percent federal with a 20 percent local                 the Maritime Security Program.                        for FY 2018 through 2020, $5.233463
                                                match requirement by statute. FTA will                  SUMMARY:    The Maritime Administration               million per ship for FY 2021, and $3.7
                                                apportion funds to designated                           (MARAD) is issuing this request for                   million per ship for FY 2022 through FY
                                                recipients. The designated recipients                   applications for eligible vessels to enroll           2025. Consistent with the National
                                                will then allocate funds as appropriate                 in two Maritime Security Program                      Security Requirements section below,
                                                to recipients that are public entities in               (MSP) Operating Agreements, subject to                participating operators are required to
                                                the urbanized areas. FTA can make                       the availability of appropriations, in                make their commercial transportation
                                                grants to direct recipients after sub-                  accordance with the provisions of the                 resources available upon request by
                                                allocation of funds. Recipients apply for               Maritime Security Act of 2003, Public                 SecDef during times of war or national
                                                grants electronically, and FTA collects                 Law 108–136, div. C, title XXXV, as                   emergency.
                                                milestone and financial status reports                  amended by Section 3508 of the                        Application Criteria
                                                from designated recipients on a                         National Defense Authorization Act for
                                                quarterly basis. The information                        Fiscal Year (FY) 2013, Public Law 112–                   The NDAA 2013 amended the
                                                submitted ensures FTA’s compliance                      239 (NDAA 2013). The MSP maintains                    procedures in 46 U.S.C. 53103(c) for
                                                with applicable federal laws.                           a fleet of active, commercially viable,               awarding new MSP Operating
                                                   Annual Estimated Total Burden                        militarily useful, privately owned                    Agreements. Namely, it established a
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                                                Hours: 9,120 hours.                                     vessels to meet national defense and                  revised priority system whereby
                                                ADDRESSES: All written comments must                    other security requirements and to                    applications would first be evaluated on
                                                refer to the docket number that appears                 maintain a United States presence in                  the basis of vessel type, as determined
                                                at the top of this document and be                      international commercial shipping. This               by Department of Defense (DOD)
                                                submitted to the Office of Information                  request for applications provides,                    requirements, with secondary
                                                and Regulatory Affairs, Office of                       among other things, application criteria              consideration then provided to the
                                                Management and Budget, 725 17th                         and a deadline for submitting                         citizenship status of the applicant.


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                                                                             Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices                                          68105

                                                Vessel Requirements                                     submit the same vessel(s) for                         The purpose of this workshop is to
                                                   Acceptable vessels for these MSP                     consideration may do so by submitting                 discuss the results from testing of
                                                Operating Agreements must meet the                      a letter expressing their intention and               various categories of GPS/Global
                                                requirements of 46 U.S.C. 53102(b) and                  providing any updated information and                 Navigation Satellite System (GNSS)
                                                46 CFR 296.11. In addition, the                         documentation.                                        receivers to include aviation (non-
                                                Commander, USTRANSCOM, has                              Award                                                 certified), cellular, general location/
                                                established DOD general evaluation                                                                            navigation, high precision and
                                                                                                          MARAD does not guarantee the award                  networks, timing, and space-based
                                                criteria on the military requirements for               of MSP Operating Agreements in
                                                eligible MSP vessels. Priority                                                                                receivers. The workshop also will
                                                                                                        response to applications submitted                    include a discussion on the
                                                consideration, consistent with the                      under this Notice. In the event that no
                                                requirements of 46 U.S.C. 53103(c), will                                                                      development of use-case scenarios for
                                                                                                        awards are made or an application is not              these categories.
                                                be given to applications providing for                  selected for an award, the applicant will
                                                enrollment of the following vessel types                                                                      DATES:
                                                                                                        be provided with a written reason why
                                                in order of priority:                                   the application was denied, consistent                  Meeting date/time: October 14, 2016
                                                   1. Roll-On/Roll-Off (RO/RO) Vessels.                 with the requirements of 46 U.S.C.                    10 a.m.–4 p.m. (Eastern Daylight Time).
                                                   2. Multi-Purpose/Heavy Lift Vessels.                                                                         Registration deadline: October 11,
                                                   3. Geared Container Ships.                           53103(c).
                                                                                                                                                              2016. Request alternative meeting
                                                   4. All other vessel types, which will                Protection of Confidential Commercial                 formats or services by October 7, 2016.
                                                be considered after all applications for                or Financial Information                              ADDRESSES: RTCA, Inc., 1150 18th St.
                                                the above listed vessels types have been
                                                                                                           If the application includes                        NW., Suite 910, Washington, DC 20036.
                                                reviewed.
                                                   For each individual application, the                 information that the applicant considers                Several days leading up to the
                                                offered vessel’s class society vessel-type              to be a trade secret or confidential                  workshop, an email containing the
                                                designation will serve as the primary                   commercial or financial information, the              agenda, dial-in, and WebEx information
                                                factor in determining the priority                      applicant should do the following: (1)                will be provided.
                                                category in which the vessel is placed.                 Note on the front cover that the                      FOR FURTHER INFORMATION CONTACT:
                                                                                                        submission ‘‘Contains Confidential                    Stephen M. Mackey, U.S. Department of
                                                National Security Requirements                          Commercial or Financial Information                   Transportation, John A. Volpe National
                                                  Successful applicants will be required                (CCFI)’’; (2) mark each affected page                 Transportation Systems Center, V–345,
                                                to enter into an Emergency                              ‘‘CCFI’’; and (3) highlight or otherwise              55 Broadway, Cambridge, MA 02142,
                                                Preparedness Agreement (EPA)                            denote the CCFI portions. MARAD will                  Stephen.Mackey@dot.gov 617–494–
                                                pursuant to 46 U.S.C. 53107. The EPA                    protect such information from                         2753.
                                                incorporates the terms of the Voluntary                 disclosure to the extent allowed under
                                                                                                        applicable law. In the event MARAD                    SUPPLEMENTARY INFORMATION:      The goal
                                                Intermodal Sealift Agreement (VISA),
                                                                                                        receives a Freedom of Information Act                 of the GPS Adjacent Band Compatibility
                                                available in 79 FR 64462 (October 29,
                                                                                                        (FOIA) request for the information,                   Assessment Study is to evaluate the
                                                2014).
                                                                                                        procedures described in the                           adjacent radio frequency band power
                                                Documentation                                           Department’s FOIA regulation at 49 CFR                levels that can be tolerated by GPS/
                                                   Vessels must be documented in the                    7.29 will be followed. Only information               GNSS receivers, and advance the
                                                United States under 46 U.S.C. chapter                   that is ultimately determined to be                   Department’s understanding of the
                                                121 prior to being eligible for MSP                     confidential under that procedure will                extent to which such power levels
                                                payments. Further, proof of U.S. Coast                  be exempt from disclosure under FOIA.                 impact devices used for transportation
                                                Guard vessel documentation and all                                                                            safety purposes, among other GPS/
                                                                                                        (Authority: 46 U.S.C. 53102 and 53103; 46
                                                relevant charter and management                         CFR 296.24; 49 CFR 1.92 and 1.93)
                                                                                                                                                              GNSS applications. The Department
                                                agreements must be approved by                                                                                obtained input from broad public
                                                                                                          By Order of the Maritime Administrator.             outreach in development of its GPS
                                                MARAD before the vessel will be                           Dated: September 28, 2016.
                                                eligible to receive MSP payments. If a                                                                        Adjacent Band Compatibility
                                                                                                        T. Mitchell Hudson, Jr.,                              Assessment Test Plan that included four
                                                vessel being considered is not currently
                                                under U.S. documentation, MARAD                         Secretary, Maritime Administration.                   public meetings with stakeholders on
                                                requires information regarding the time                 [FR Doc. 2016–23823 Filed 9–30–16; 8:45 am]           September 18 and December 4, 2014,
                                                line proposed that would bring the                      BILLING CODE 4910–81–P                                and March 12 and October 2, 2015,
                                                vessel under U.S. Coast Guard                                                                                 public issuance of a draft test plan on
                                                documentation.                                                                                                September 9, 2015 (see 80 FR 54368),
                                                                                                        DEPARTMENT OF TRANSPORTATION                          and comments received regarding the
                                                Vessel Operation                                                                                              test plan. The final test plan was
                                                  Vessels under MSP Operating                           Global Positioning System Adjacent                    published March 9, 2016 (see 81 FR
                                                Agreements shall be operated                            Band Compatibility Assessment                         12564) and requested voluntary
                                                exclusively in foreign commerce as                      Workshop V Meeting                                    participation in this Study by any
                                                defined in 46 U.S.C. 53101(4) or in                     AGENCY:  Office of the Assistant                      interested GPS/GNSS device
                                                permissible mixed foreign commerce                      Secretary for Research and Technology                 manufacturers or other parties whose
                                                and domestic trade as provided by 46                    (OST–R), Department of Transportation.                products incorporate GPS/GNSS
                                                                                                                                                              devices. In April 2016, radiated testing
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                                                U.S.C. 53105(a)(1)(A).                                  ACTION: Notice of meeting.
                                                                                                                                                              of GNSS devices took place in an
                                                Prior Applicants                                        SUMMARY:    The purpose of this notice is             anechoic chamber at the U.S. Army
                                                  Applicants who previously responded                   to inform the public that the U.S.                    Research Laboratory at the White Sands
                                                to MARAD’s November 27, 2015, Notice                    Department of Transportation will host                Missile Range (WSMR) facility in New
                                                of Application Period for the Maritime                  its fifth workshop on the Global                      Mexico. Additional lab testing was
                                                Security Program, 80 FR 74209                           Positioning System (GPS) Adjacent                     conducted in July 2016 at Zeta
                                                (November 27, 2015), that wish to                       Band Compatibility Assessment effort.                 Associates in Fairfax, Virginia and


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Document Created: 2018-02-13 14:11:40
Document Modified: 2018-02-13 14:11:40
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 application period for the Maritime Security Program.
DatesApplications for the enrollment of two vessels must be received no later than November 2, 2016. Applications should be submitted to the
ContactWilliam G. McDonald, Director, Office of Sealift Support, Maritime Administration, (202) 366-0688. For military utility questions, call Mr. Tim Boemecke, United States Transportation Command (USTRANSCOM), (618) 220-1452.
FR Citation81 FR 68104 

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