82_FR_57132 82 FR 56902 - Revision of the America's Marine Highway Program Regulations

82 FR 56902 - Revision of the America's Marine Highway Program Regulations

DEPARTMENT OF TRANSPORTATION
Maritime Administration

Federal Register Volume 82, Issue 230 (December 1, 2017)

Page Range56902-56909
FR Document2017-25897

The Maritime Administration (MARAD) is amending its America's Marine Highway Program (AMHP) regulations to implement provisions of the Coast Guard and Maritime Transportation Act of 2012 (CGMTA), the National Defense Authorization Act of 2016 (NDAA), and to clarify AMHP processes. The revisions expand the purpose of the AMHP to include promoting short sea transportation, update the definition of short sea transportation, and streamline the regulation to highlight procedures and resources available to program participants.

Federal Register, Volume 82 Issue 230 (Friday, December 1, 2017)
[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Rules and Regulations]
[Pages 56902-56909]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25897]



[[Page 56902]]

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 393

RIN 2133-AB84


Revision of the America's Marine Highway Program Regulations

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule.

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SUMMARY: The Maritime Administration (MARAD) is amending its America's 
Marine Highway Program (AMHP) regulations to implement provisions of 
the Coast Guard and Maritime Transportation Act of 2012 (CGMTA), the 
National Defense Authorization Act of 2016 (NDAA), and to clarify AMHP 
processes. The revisions expand the purpose of the AMHP to include 
promoting short sea transportation, update the definition of short sea 
transportation, and streamline the regulation to highlight procedures 
and resources available to program participants.

DATES: This final rule becomes effective on January 2, 2018.

FOR FURTHER INFORMATION CONTACT: Tim Pickering, Office of Marine 
Highways and Passenger Services, at (202) 366-0704, or via email at 
[email protected]. You may send mail to Mr. Pickering at Office of Marine 
Highways and Passenger Services, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

Background

What laws authorize the America's Marine Highway Program?

    The Energy Independence and Security Act of 2007 (EISA) authorized 
the Secretary of Transportation (Secretary) to promulgate regulations 
to implement the AMHP. The Secretary of Transportation delegated 
authority to the Maritime Administrator to issue AMHP implementing 
regulations. On April 9, 2010, MARAD published in the Federal Register 
final regulations implementing the AMHP (75 FR 18101).
    The Secretary, in consultation with the Environmental Protection 
Agency, submitted a Report to Congress in April 2011that included a 
description of the benefits of the AMHP and activities conducted under 
the program. It also included recommendations for further legislative 
and administrative action that the Secretary considered appropriate.
    In December 2012, the Coast Guard and Maritime Transportation Act 
of 2012 (CGMTA), which built on some of the ideas in the report, was 
signed into law. The CGMTA expanded the scope of the AMHP by adding the 
words ``or to promote short sea transportation'' to the existing 
purpose of reducing landside congestion. This added language expanded 
the focus of the AMHP to include efforts that increase utilization or 
efficiency of short sea transportation on designated Marine Highway 
Routes.
    In November 2015, the National Defense Authorization Act for Fiscal 
Year 2016 added to the definition of short sea transportation, that is 
the subject of the AMHP, to include the carriage by a documented vessel 
of cargo that is: (1) Shipped in discrete units, or packages that are 
handled individually, palletized; or, (2) unitized for purposes of 
transportation or freight vehicles carried aboard commuter ferry boats.

Discussion

Why and how is MARAD revising the regulations?

    As part of our routine systematic review of existing regulations, 
MARAD is updating its AMHP implementing regulations to conform to 
statutory changes and streamline the regulations for ease of use. 
Accordingly, the rule revises in full the AMHP implementing regulations 
to: (1) Add ``promote short sea shipping'' as a purpose of the AMHP; 
(2) re-designate ``corridors, connectors, and crossings'' as used in 
the rule as ``Routes'' for purposes of simplicity; (3) expand and 
clarify the definition of AMHP-eligible cargo to include discrete units 
or packages that are handled individually, palletized, or unitized as 
well as freight vehicles carried aboard commuter ferry boats; (4) add a 
requirement for the project sponsors to provide updates on project 
status; (5) expand the eligibility criteria for services and Routes 
that may participate in AMHP; (6) clarify criteria for Project 
Designation; and, (7) reorganize the regulations for ease of use.

What is the purpose of the AMHP?

    Congress authorized the AMHP to promote short sea shipping by 
designating routes, also called Marine Highways, as a way to relieve 
congestion on America's roads and railways. Marine Highway designations 
are intended to assist the maritime industry in meeting national 
freight transportation needs. The AMHP encourages the use of marine 
transportation to reduce freight and passenger travel delays caused by 
congestion, reduce greenhouse gas emissions, conserve energy, improve 
safety, and reduce landside infrastructure maintenance costs.
    Congestion on the U.S. surface transportation system significantly 
impacts America's economic prosperity and way of life. Overall, the 
U.S. Department of Transportation (USDOT) estimates that congestion on 
our roads, bridges, railways, and in ports costs the United States as 
much as $200 billion a year and projects that cargoes moving through 
our ports will nearly double over the next 15 years. Most of this 
additional cargo will ultimately move along our surface transportation 
corridors, many of which are already at or beyond capacity.

Rulemaking Analysis and Notices

Executive Order 12866 (Regulatory Planning and Review), 13563 
(Improving Regulation and Regulatory Review) and DOT Regulatory 
Policies and Procedures

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
supplemented by E.O. 13563 (76 FR 3821, January 18, 2011) and USDOT 
policies and procedures, MARAD must determine whether a regulatory 
action is ``significant,'' and therefore subject to the Office of 
Management and Budget (OMB) review and the requirements of the Order. 
The Order defines ``significant regulatory action'' as one likely to 
result in a rule that may: (1) Have an annual effect on the economy of 
$100 million or more or adversely affect in a material way the economy, 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
government or communities. (2) Create a serious inconsistency or 
otherwise interfere with an action taken or planned by another Agency. 
(3) Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof. (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the E.O.
    MARAD has determined that this rulemaking is not considered a 
significant regulatory action under section 3(f) of E.O. 12866 and, 
therefore, it was not reviewed by OMB. This rulemaking will not result 
in an annual effect on the economy of $100 million or more. It is also 
not considered a major rule for purposes of Congressional review under 
Public Law 104-121. This rulemaking is also not significant under the 
Regulatory Policies and Procedures of the Department of Transportation 
(44 FR 11034, February 26, 1979). The costs

[[Page 56903]]

and overall economic impact of this rulemaking do not require further 
analysis.

Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs)

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 12866.

Executive Order 13132 (Federalism)

    MARAD analyzed this rulemaking in accordance with the principles 
and criteria contained in E.O. 13132 (``Federalism'') and has 
determined that it does not have sufficient Federalism implications to 
warrant the preparation of a Federalism summary impact statement. This 
rulemaking has no substantial effect on the States, or on the current 
Federal-State relationship, or on the current distribution of power and 
responsibilities among the various local officials. Nothing in this 
document preempts any State law or regulation. Therefore, MARAD was not 
required to consult with State and local officials.

Executive Order 13175 (Consultation and Coordination With Indian Tribal 
Governments)

    MARAD does not believe that this rulemaking will significantly or 
uniquely affect the communities of Indian tribal governments when 
analyzed under the principles and criteria contained in E.O. 13175 
(Consultation and Coordination with Indian Tribal Governments); 
therefore, the funding and consultation requirements of this Executive 
Order do not apply.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
rulemaking.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires MARAD to assess 
whether this rulemaking would have a significant economic impact on a 
substantial number of small entities and to minimize any adverse 
impact. MARAD certifies that this rulemaking will not have a 
significant economic impact on a substantial number of small entities.

Environmental Assessment

    MARAD has evaluated this rulemaking under Maritime Administrative 
Order (MAO) 600-1, ``Procedures for Considering Environmental 
Impacts,'' 50 FR 11606 (March 22, 1985), which guides MARAD in 
complying with the National Environmental Policy Act of 1969, 42 U.S.C. 
4321 et seq. MARAD has determined that this rulemaking is not a major 
action (requiring the preparation of an environmental impact statement 
or environmental assessment) because it is categorically excluded from 
detailed environmental review pursuant to section 4.05 of MAO 600-1. 
Section 4.05 reads, in pertinent part, ``[c]ategorical exclusions are 
Maritime Administration actions or groups of actions that do not have a 
significant effect on the quality of the human environment, 
individually or cumulatively. Categorical exclusions do not require 
preparation of environmental documents. Appendix 1 of this order [MAO-
600-1] describes the Maritime Administration's categorical 
exclusions.'' This action falls under Categorical Exclusion #3 because 
MARAD's revisions to the regulations ``do not require a regulatory 
impact analysis under section 3 of Executive Order 12291 or do not have 
a potential to cause a significant effect on the environment . . .'' 
MAO 600-1, App.1, pg. 1.
    In accordance with section 4.05 and Appendix 2 of MAO 600-1, the 
Agency has further concluded that no extraordinary circumstances exist 
with respect to this regulation that might trigger the need for a more 
detailed environmental review. As a result, MARAD finds that this 
regulatory revision is not a major Federal action significantly 
affecting the quality of the human environment.

Executive Order 13211 (Energy Supply, Distribution, or Use)

    MARAD has determined that this rulemaking will not significantly 
affect energy supply, distribution, or use. Therefore, no Statement of 
Energy Effects is required.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminates 
ambiguity, and reduce burden.

Executive Order 12630 (Taking of Private Property)

    This rulemaking will not affect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

International Trade Impact Assessment

    This rulemaking is not expected to contain standards-related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States.

Privacy Impact Assessment

    Section 522(a)(5) of the Transportation, Treasury, Independent 
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, div. H, 118 Stat. 2809 at 3268) requires the USDOT and certain 
other Federal agencies to conduct a privacy impact assessment of each 
proposed rule that will affect the privacy of individuals. Claims 
submitted under this rule will be treated the same as all legal claims 
received by MARAD. The processing and treatment of any claim within the 
scope of this rulemaking by MARAD shall comply with all legal, 
regulatory and policy requirements regarding privacy.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 requires Agencies to 
evaluate whether an Agency action would result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $141.3 million or more (as adjusted for inflation) 
in any 1 year, and if so, to take steps to minimize these unfunded 
mandates. This rulemaking will not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It will not result in costs of 
$141.3 million or more to either State, local, or tribal governments, 
in the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objectives of the rule.

Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from OMB for each 
collection of information they conduct, sponsor, or require through 
regulations. This rulemaking updates the regulations due to changes 
made by the CGMTA, the NDAA, and to clarify AMH program procedures. 
This rulemaking contains no new or amended information

[[Page 56904]]

collection or recordkeeping requirements that have been approved or 
require approval by OMB.

Comments on the Proposed Rule

    In response to the agency's Federal Register document seeking 
public comment on its proposed revisions to 46 CFR part 393 published 
on January 11, 2017 (82 FR 3250), we received one comment from the 
Center for Biological Diversity (CBD). The commenter requests that 
MARAD analyze the revisions' impacts and the impacts of the AMHP as a 
whole under NEPA, and consult on impacts of the revisions to species 
listed under the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq. 
Specifically, CBD requests that MARAD consider the impacts arising from 
increased shipping noise and risk of ship strikes to endangered and 
threatened marine species resulting from increased traffic as a result 
of the AMHP. CBD also requests that the revisions to the rule require 
proponents of individual AMH corridors and projects to prepare 
environmental assessments as a condition for designation. CBD further 
requests that the revisions to the rule also require MARAD to consult 
on impacts to ESA-listed species before designation.
    Pursuant to the requirements of the CGMTA and NDAA, this rulemaking 
expands the purpose of the AMHP to promote short sea transportation, 
updates the definition of short sea transportation, and clarifies AMHP 
procedures highlighting resources available to program participants. 
CBD provided no specific comments with respect to the Agency's proposed 
changes in this rulemaking to conform the AMH implementing regulations 
to the relevant statutory amendments, and therefore CBD's comments are 
outside the scope of this rulemaking. Nevertheless, in response to 
CBD's comments, MARAD states that it complies with all environmental 
laws in the administration of its programs. All future project 
proposals under the AMHP will be reviewed in accordance with the 
requirements contained in NEPA and all applicable environmental laws.
    In regard to CBD's request that MARAD analyze the environmental 
impacts of the revisions to the rule and the AMHP under NEPA and to 
participate in interagency consultation under the ESA for any impacts 
the revisions may have upon listed species, MARAD has performed the 
required environmental review for this rulemaking under NEPA and MAO 
600-1 ``Procedures for Considering Environmental Impacts.''
    In response to the agency's Federal Register document seeking 
public comment on its proposed revisions to 46 CFR part 393, we 
received one comment from the American Federation of Labor and Congress 
of Industrial Organizations (AFL/CIO) Transportation Trades Department 
(TDD). The comment offered their strong support for the proposed rule 
citing the need to address congested corridors, reduce shipping costs 
and improve safety. The commenter credited the AMHP with providing 
meaningful options for companies utilizing short sea shipping and for 
promoting job growth in the maritime industry. In addition, TDD noted 
challenges facing the maritime industry and MARAD in the areas of Title 
XI loan guarantees and potential double taxation of goods transported 
using domestic short sea shipping via the Harbor Maintenance Tax. Both 
of these areas of concern are outside of the scope of the AMH Program.
    The Harbor Maintenance Tax (HMT) funds the Harbor Maintenance Trust 
Fund (HMTF) to fund port and harbor dredging activities by the Corps of 
Engineers. The HMT and HMTF are not managed by the Department of 
Transportation. Economic soundness is a key requirement and projects 
need to have a viable business case or the Maritime Administration 
cannot approve it. To date, no operators have applied for a Title XI 
loan guarantee for an AMH Project.

List of Subjects in 46 CFR Part 393

    Vessels.

0
For the reasons stated in the preamble, the Maritime Administration 
revises 46 CFR part 393 to read as follows:

PART 393--AMERICA'S MARINE HIGHWAY PROGRAM

Subpart A--General Provisions
Sec.
393.1 Special definitions.
Subpart B--Marine Highway Route and Project Designations
393.2 Marine Highway Routes.
393.3 Marine Highway Projects.
Subpart C--Department of Transportation Efforts to Foster and Support 
America's Marine Highways
393.4 DOT Support for planning activities.
393.5 DOT Support for Marine Highway-related research.
393.6 America's Marine Highway Program Project grants.

    Authority: Pub. L. 110-140, title XI, subtitle C, sections 1121-
1123, 121 Stat. 1494; Pub. L. 112-213, title IV, section 405, 126 
Stat. 1541; 49 CFR 1.92 and 1.93(a), 46 U.S.C. 55601, 55604, 55605.

Subpart A--General Provisions


Sec.  393.1  Special definitions.

    For the purposes of this part:
    (a) Administrator means the Maritime Administrator, Maritime 
Administration, U.S. Department of Transportation USDOT. The 
Administrator is responsible for administering the America's Marine 
Highway Program (AMHP) and making route and project recommendations to 
the Secretary.
    (b) Department means the U.S. Department of Transportation.
    (c) Cargo on a Marine Highway service means goods transported in 
commerce and generally refers to, but is not limited by, the types and 
kinds of cargo that are described in the definition of ``Short sea 
transportation'', in paragraph (k) of this section. Neither weight nor 
proportionality are considered under this definition. The term as used 
in this context is generally interchangeable with the term ``Freight'', 
defined in paragraph (d) of this section.
    (d) Freight on a Marine Highway service means goods transported in 
commerce and generally refers to, but is not limited by, the types and 
kinds of cargo that are described in the definition of ``Short sea 
transportation'', in paragraph (k) of this section. Neither weight nor 
proportionality are considered under this definition. The term as used 
in this context is generally interchangeable with the term ``Cargo'', 
defined in paragraph (c) of this section.
    (e) Marine Highway Routes or Routes mean commercially navigable 
coastal, inland, and intracoastal waters of the United States as 
designated by the Secretary. This includes connections between U.S. 
ports and Canadian ports on the Great Lakes-Saint Lawrence Seaway 
System, and non-contiguous U.S. ports. Marine Highway Routes are a 
component of the Nation's surface transportation system. Each Marine 
Highway Route is described in terms of the specific landside 
transportation routes (road or railway) that it supplements or to which 
it connects. All previously designated Marine Highway ``corridors,'' 
``connectors,'' and ``crossings'' are now designated as ``Routes.''
    (f) Marine Highway Projects are planned or contemplated new 
services, or expansions of existing services, on designated Marine 
Highway Routes, that seek to provide new modal choices to shippers, 
reduce transportation costs, and/or provide public benefits, which 
include reduced air emissions, reduced road maintenance costs, and 
improved safety and resiliency impacts. Project

[[Page 56905]]

Applicants propose projects and the Secretary may designate projects 
consistent with this part.
    (g) Project Applicant means a public entity with operations, or 
administrative areas of responsibility, that are adjacent to or near 
the relevant Route that applies for designation of a Marine Highway 
Project pursuant to this part. Eligible applicants include State 
governments (including State departments of transportation), 
metropolitan planning organizations, port authorities and tribal 
governments.
    (h) Program Office means Office of Marine Highways and Passenger 
Services.
    (i) Route Sponsors are public entities with operations or 
administrative areas of responsibility that are adjacent to or related 
to the relevant Route that recommend a commercially navigable waterway 
for designation as a Marine Highway Route. Eligible Route Sponsors 
include State governments (including State departments of 
transportation), metropolitan planning organizations, port authorities, 
non-Federal navigation districts and tribal governments.
    (j) Secretary means the Secretary of Transportation.
    (k) Short sea transportation means the carriage by a U.S. 
documented vessel of cargo--
    (1) That is--
    (i) Contained in intermodal cargo containers and loaded by crane on 
the vessel;
    (ii) Loaded on the vessel by means of wheeled technology;
    (iii) Shipped in discrete units or packages that are handled 
individually, palletized, or unitized for purposes of transportation; 
or
    (iv) Freight vehicles carried aboard commuter ferry boats; and
    (2) That is--
    (i) Loaded at a port in the United States and unloaded either at 
another port in the United States or at a port in Canada located in the 
Great Lakes-Saint Lawrence Seaway System; or,
    (ii) Loaded at a port in Canada located in the Great Lakes-Saint 
Lawrence Seaway System and unloaded at a port in the United States.
    (l) United States documented vessel means a vessel documented under 
46 CFR part 67.

Subpart B--Marine Highway Route and Project Designations


Sec.  393.2  Marine Highway Routes.

(a) What are the minimum eligibility requirements for MARAD to 
recommend a Marine Highway Route for the Secretary to designate?

    (1) MARAD may recommend Marine Highway Routes that relieve landside 
congestion along coastal corridors or that promote short sea 
transportation; and
    (2) That advance the objectives of the AMHP in paragraph (c) of 
this section.

(b) When can a Route Sponsor request designation of a Marine Highway 
Route?

    (1) The Department accepts Marine Highway Route designation 
requests any time. Route Sponsors must submit designation requests 
through the Program Office.
    (2) The Maritime Administration publishes all designated Routes on 
its Web site. Go to http://www.marad.dot.gov and search ``America's 
Marine Highways'' to see the current list.

(c) What should Route Sponsors consider when preparing Marine Highway 
Route designation requests?

    (1) Route Sponsors designation requests should explain how a 
proposed route will help achieve the following objectives:
    (i) Establishing Marine Highway Routes as extensions of the 
national surface transportation system;
    (ii) Developing multi-jurisdictional coalitions and partnerships 
that focus public and private efforts to improve reliability and 
resiliency of the Route for freight and passengers;
    (iii) Obtaining public benefits as described in paragraph 
(d)(1)(vi) of this section; and
    (iv) Identifying potential savings that could be realized by 
providing an alternative to existing supply chains through short sea 
transportation.
    (2) [Reserved]

(d) What information should Route Sponsors include in their designation 
requests?

    (1) One or more eligible Route Sponsors may submit Marine Highway 
Route designation requests to the Program Office. Designation requests 
should include the following information:
    (i) Physical Description of the Proposed Marine Highway Route. 
Describe the proposed Marine Highway Route, and its connection to 
existing or planned transportation infrastructure and intermodal 
facilities. Include key navigational factors such as available draft, 
channel width, bridge air draft, or lock clearance, and any foreseeable 
impacts on navigation or commerce. When available, include one or more 
maps of the proposed Route.
    (ii) Surface transportation regions served. (A) Land transportation 
routes that would benefit. Provide a summary of any land transportation 
route that the Marine Highway Route would benefit. Include a 
description of the route, its primary users, the nature, locations and 
occurrence of travel delays, urban areas affected, and other geographic 
or jurisdictional issues that impact its overall operation and 
performance.
    (B) U.S. Domestic Shipping Lane Served. For Marine Highway Routes 
that pass through waters outside U.S. territorial waters, provide a 
summary of the shipping routes or trade lanes that the Marine Highway 
Route would benefit. Include a description of the route, its primary 
users, the nature, locations and occurrence of travel delays, urban 
areas affected, and other geographic or jurisdictional issues that 
impact its overall operation and performance.
    (iii) Involved parties. Provide the organizational structure of the 
Route Sponsors and supporters recommending the Route designation, 
including business affiliations and private sector stakeholders. Multi-
jurisdictional coalitions may include State Departments of 
Transportation, metropolitan planning organizations, municipalities and 
other governmental entities (including tribal governments). Include the 
extent to which these entities have expressed support for the route 
designation and describe any affiliations with environmental groups or 
civic associations, or affiliations with any foreign interests.
    (iv) Volume and characteristics. If authoritative data are 
available, provide the volume of passengers and/or cargo that are 
candidates for shifting to water transportation on the proposed Route. 
Otherwise provide estimates for this information, include identified 
shippers, manufacturers, distributors, and other entities that could 
benefit from a Marine Highway alternative, and the extent to which 
these entities have expressed support for the Marine Highway Route 
designation request.
    (v) Congestion reduction. Describe the extent to which the proposed 
Route could relieve landside congestion in measurable terms, if 
applicable. Include any known offsetting land transportation 
infrastructure savings (either construction or maintenance)

[[Page 56906]]

that would likely result from the Route, if applicable.
    (vi) Public benefits. Provide, if known, the net savings over 
status quo in emissions, including greenhouse gases, energy 
consumption, landside infrastructure maintenance costs, safety and 
system resiliency. Specify if the Marine Highway Route represents the 
most cost-effective option among other modal improvements. Include 
consideration of the implications future growth may have on the 
proposed Route.
    (vii) Public costs. If applicable and known, identify any costs 
that may result from designation of the route. If able, provide costs 
that are quantifiable such as the additional cost of emissions or 
energy consumption required to effectively leverage the benefits of the 
designated route. These costs should be a component in the net savings 
identified in paragraph (d)(1)(vi) of this section.
    (viii) Impediments. Describe known or anticipated obstacles to 
utilization of the proposed Marine Highway Route. Include any 
strategies, either in place or proposed, to deal with the impediments.
    (2) [Reserved]

(e) How will the Program Office evaluate and recommend Marine Highway 
Route designation requests?

    (1) The Program Office will evaluate and recommend Route 
Designations based on an analysis and technical review of the 
information provided by the Route Sponsor. The Maritime Administration 
will recommend Routes that receive a favorable technical review, and 
meet other criteria described in this part, for designation by the 
Secretary.
    (2) The Program Office may consider additional factors and may 
request supplemental information during the review process. USDOT will 
notify Route Sponsors as to the status of their request in writing once 
the Secretary makes a determination.


Sec.  393.3  Marine Highway Projects.

(a) What are the minimum eligibility requirements for MARAD to 
recommend a Marine Highway Project for the Secretary to designate?

    (1) MARAD may recommend only those Marine Highway Projects that 
will use U.S. documented vessels and mitigate landside congestion or 
promote short sea transportation.
    (2) MARAD may recommend only those Marine Highway Projects that:
    (i) Involve the carriage of cargo in Short Sea Transportation as 
defined in paragraph (k) of this section;
    (ii) Involve new or expand existing services for the carriage of 
cargo; and
    (iii) Are on a designated Marine Highway Route.
    (3) Proposed Route Designations are accepted at any time, and may 
be submitted together with the proposed Project Designation.
    (4) Successful Project Applicants must demonstrate a direct 
connection between a proposed Marine Highway Project and the carriage 
of cargo through ports on Designated Marine Highway Routes.

(b) When does the Program Office accept Marine Highway Project 
designation applications?

    (1) The Administrator will announce by notice in the Federal 
Register and on MARAD's AMHP Web site open season periods to allow 
Project Applicants opportunities to submit Marine Highway Project 
designation applications.
    (2) [Reserved]

(c) What should Project Applicants include when preparing a Marine 
Highway Project designation application?

    (1) The market or customer base to be served by the service and the 
service's value proposition to customers. This includes--
    (i) A description of how the market is currently served by 
transportation options;
    (ii) Identities of shippers that have indicated an interest in, and 
level of commitment to, the proposed service;
    (iii) Specific commodities, markets, and shippers the Project is 
expected to attract;
    (iv) Extent to which interested entities have been educated about 
the Project and expressed support, and
    (v) A marketing strategy for the project if one exists.
    (2) Operational framework. A description of the proposed 
operational framework of the project including origin/destination 
pairs, transit times, vessel types, and service frequency.
    (3) The cost model for the proposed service. The cost model should 
be broken down by container, trailer, or other freight unit, including 
loading and discharge costs, vessel operating costs, drayage costs, and 
other ancillary costs. Provide a comparison cost model outlining the 
current costs for transportation using landside mode (truck and rail) 
alternatives for the identified market that the proposed project will 
serve. Provide the project's financial plan and provide projected 
revenues and expenses. Include labor and operating costs, drayage, 
fixed and recurring infrastructure and maintenance costs, vessel or 
equipment acquisition or construction costs, etc. Include any 
anticipated changes in local or regional short sea transportation, 
policy or regulations, ports, industry, or other developments affecting 
the project. In the event that public sector financial support is being 
sought, describe the amount, form and duration of public investment 
required. Applicants may email [email protected] to request a sample cost 
model.
    (4) An overall quantification of the net public benefits estimated 
to be gained through the successful initiation of the Marine Highway 
Project, including highway miles saved, road maintenance savings, air 
emissions savings, and safety and resiliency impacts.
    (5) Marine Highway Route(s). Identify the designated Marine Highway 
Routes the Project will utilize.
    (6) Organization. Provide the organizational structure of the 
proposed project, including an outline of the business affiliations, 
environmental, non-profit organizations and governmental or private 
sector stakeholders.
    (7) Partnerships:--(i) Private sector partners. Identify private 
sector partners and describe their levels of commitment to the proposed 
service. Private sector partners can include terminals, vessel 
operators, shipyards, shippers, trucking companies, railroads, third-
party logistics providers, shipping lines, labor, workforce and other 
entities deemed appropriate by the Secretary.
    (ii) Public sector partners. Identify State Departments of 
Transportation, metropolitan planning organizations, municipalities and 
other governmental entities, including tribal entities, that Project 
Applicants have engaged and the extent to which they support the 
service. Include any affiliations with environmental groups or civic 
associations.
    (iii) Documentation. Provide documents affirming commitment or 
support from entities involved in the project.
    (8) Public benefits. These measures reflect current law and are 
consistent with USDOT's Strategic Goals. Project Applicants should 
organize external net cost savings and public benefits of the Project 
based on the following six categories:
    (i) Emissions benefits. Address any net savings, in quantifiable 
terms, now and in the future, over current emissions practices, 
including greenhouse gas emissions, criteria air pollutants or other 
environmental benefits the project offers.

[[Page 56907]]

    (ii) Energy savings. Provide an analysis of potential net 
reductions in energy consumption, in quantifiable terms, now and in the 
future, over the current practice.
    (iii) Landside transportation infrastructure maintenance savings. 
To the extent the data is available indicate, in dollars per year, the 
projected net savings of public funds that would result in road or 
railroad maintenance or repair, including pavement, bridges, tunnels or 
related transportation infrastructure from a proposed project. Include 
the impacts of accelerated infrastructure deterioration caused by 
vehicles currently using the route, especially in cases of oversize or 
overweight vehicles. This information applies only to projects for a 
marine highway service where a landside alternative exists.
    (iv) Economic competitiveness. To the extent the data is available, 
describe how the project will measurably result in transportation 
efficiency gains for the U.S. public. For purposes of aligning a 
project with this outcome, applicants should provide evidence of how 
improvements in transportation outcomes (such as time savings, 
operating cost savings, and increased utilization of assets) translate 
into long-term economic productivity benefits.
    (v) Safety improvements. Describe, in measurable terms, the 
projected safety improvements that would result from the proposed 
operation.
    (vi) System resiliency and redundancy. To the extent data is 
available, describe, if applicable, how a proposed Marine Highway 
Project offers a resilient route or service that can benefit the 
public. Where land transportation routes serving a locale or region are 
limited, describe how a proposed project offers an alternative and the 
benefit this could offer when other routes are interrupted as a result 
of natural or man-made incidents.
    (9) Proposed project timeline. Include a proposed project timeline 
with estimated start dates and key milestones. If applicable, include 
the point in the timeline at which the enterprise is anticipated to 
attain self-sufficiency.
    (10) Support and investment required. Describe any known or 
anticipated obstacles to either implementation or long-term success of 
the project. Include any strategies, either in place or proposed, to 
mitigate impediments. Identify specific infrastructure gaps such as 
docks, cranes, ramps, etc. that will need to be addressed in order for 
the project to become economically viable. Include estimates for the 
required investments needed to address the infrastructure gaps.
    (11) Environmental considerations. Project Applicants must provide 
all information necessary to assist MARAD's environmental analysis of 
the proposed project, pursuant to the National Environmental Policy Act 
of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and other environmental 
requirements.

(d) How will the Program Office evaluate and recommend Marine Highway 
Project applications for designation?

    (1) The Program Office will evaluate and recommend for designation 
by the Secretary those Projects based on an analysis and technical 
review of the information provided by the Project Applicant. MARAD will 
recommend Projects that operate on a designated Marine Highway Route, 
receive a favorable technical review, and meet other criteria described 
in this part, for designation by the Secretary.
    (2) The Program Office may consider additional factors and may 
request supplemental information during the review process. USDOT will 
notify Project Applicants as to the status of their application in 
writing once the Secretary makes a determination.

(e) How will MARAD support designated America's Marine Highway 
Projects?

    (1) Upon designation as a Marine Highway Project, the Department 
Program Office will coordinate with the Project Applicants to identify 
the most appropriate departmental actions to support the project. USDOT 
support could include any of the following, as appropriate and subject 
to agency resources:
    (i) Promote the service with appropriate governmental, regional, 
State, local or tribal government transportation planners, private 
sector entities or other decision makers to the extent permitted by 
law.
    (ii) Coordinate with ports, State Departments of Transportation, 
metropolitan planning organizations, localities, other public agencies 
and the private sector to support the designated service. Efforts can 
be aimed at identifying resources, obtaining access to land or 
terminals, developing landside facilities and infrastructure, and 
working with Federal, regional, State, local or Tribal governmental 
entities to remove barriers to success.
    (iii) Pursue commitments from Federal entities to transport 
Federally owned or generated cargo using the services of the designated 
project, when practical or available.
    (iv) In cases where transportation infrastructure is needed, 
Project Applicants may request to be included on the Secretary's list 
of high-priority transportation infrastructure projects under E.O. 
13274, ``Environmental Stewardship and Transportation Infrastructure 
Project Review.''
    (v) Assist with developing individual performance measures for 
Marine Highway Projects.
    (vi) Work with Federal entities and regional, State, local and 
tribal governments to include designated Projects in transportation 
planning.
    (vii) Coordinate with public and private entities to resolve 
impediments to the success of Marine Highway Projects.
    (viii) Conduct research on issues specific to Marine Highway 
Projects.
    (ix) Advise Project Applicants on the availability of various 
Federal funding mechanisms to support the Projects.
    (x) Maintain liaison with Project Applicants and representatives of 
designated Projects to provide ongoing support and identify lessons 
learned and best practices for other projects and the overall Marine 
Highway program.
    (2) [Reserved]

(f) How will the Department protect confidential information?

    (1) If your application, including attachments, includes 
information that you consider to be a trade secret or confidential 
commercial or financial information, or otherwise exempt from 
disclosure under the Freedom of Information Act (5 U.S.C. 552), as 
implemented by the Department at 49 CFR part 7, you may assert a claim 
of confidentiality.
    (2) What should I do if I believe my Project designation 
application contains confidential or business sensitive information?
    (i) Note on the front cover that the submission ``Contains 
Confidential Business Information (CBI);''
    (ii) Mark each affected page ``CBI;'' and
    (iii) Clearly highlight or otherwise denote the CBI portions. The 
USDOT protects such information from disclosure to the extent allowed 
under applicable law.
    (3) What will happen if information related to my Project 
designation application is the subject of a request under the Freedom 
of Information Act (FOIA)? We will apply the procedures contained in 49 
CFR part 7 to a request from non-Federal third-parties for information 
related to documents you submit under this part. We will consider your 
claim of confidentiality at the time someone requests the information 
under

[[Page 56908]]

FOIA. Only information that is ultimately determined to be confidential 
under that procedure will be exempt from disclosure under FOIA.

(g) Is there a specific format required for project designation 
applications and attached documents?

    (1) When responding to specific solicitations for Marine Highway 
Projects by the Program Office, Project Applicants should include all 
of the information requested by paragraph (c) of this section organized 
in a manner consistent with the elements set forth in that section. The 
Program Office reserves the right to ask any applicant to supplement 
the data in its application, but expects applications to be complete 
upon submission. The narrative portion of an application should not 
exceed 20 pages in length. Documentation supporting the assertions made 
in the narrative portion may also be provided in the form of 
appendices, but limited to relevant information. Applications may be 
submitted electronically via regulations.gov (http://www.regulations.gov). Applications submitted in writing must include 
the original and three copies and must be on 8.5'' x 11'' single spaced 
paper, excluding maps, Geographic Information Systems (GIS) 
representations, etc.
    (2) In the event that the Project Applicant of a Marine Highway 
Project that has already been designated by the Secretary seeks a 
modification to the designation because of a change in project scope, 
an expansion of the project, or other significant change to the 
project, the Project Applicant should request the change in writing to 
the Secretary via the Maritime Administrator. The request must contain 
any changed or new information that is relevant to the project.

(h) What does the Program Office do to ensure designated projects are 
developing properly?

    (1) Once designated projects enter the operational phase (either 
start of a new service, or expansion of existing service), the Program 
Office will evaluate them regularly to determine if the project is 
likely to achieve its objectives.
    (2) Overall project performance will be assessed according to three 
categories--exceeds, meets, or does not meet original projections--in 
each of the three areas defined below:
    (i) Public benefit. Does the Project meet the stated goals in 
shifting specific numbers of vehicles (number of trucks, rail cars or 
automobiles) off the designated landside routes? The Program Office 
will assume other public benefits, including energy savings, reduced 
emissions, and safety improvements to be a direct derivative of either 
numbers of vehicles reduced, or vehicle/ton miles avoided, unless 
specific factors change (such as a change in vessel fuel or emissions).
    (ii) Public cost. Is the overall cost to the Federal Government (if 
any) on track with estimates at the time of designation? The overall 
cost to the Federal Government represents the amount of Federal 
investment (i.e., direct funding, loan guarantees or similar 
mechanisms) reduced by the offsetting savings the project represents 
(road/bridge wear and tear avoided, infrastructure construction or 
expansion deferred).
    (iii) Timeliness factor. Is the project on track for the point at 
which the enterprise is projected to attain self-sufficiency? For 
example, if the project was anticipated to attain self-sufficiency 
after 36 months of operation, is it on track at the point of evaluation 
to meet that objective? This can be determined by assessing revenues, 
cargo and passenger trends, expenses and other factors established in 
the application review process.

(i) Can a Project designation expire or be terminated?

    (1) Project Designations are effective for a period of five years, 
or until the date the project is completed, or MARAD cancels the 
designation. Project Designation will expire after three years of 
inactivity.
    (2) Project Applicants wishing to extend a Project Designation must 
submit an updated application no later than six months before the five-
year designation period ends. Project Applicants who no longer wish to 
maintain project designation may submit a request to the Secretary to 
revoke their designation.

Subpart C--Department of Transportation Efforts To Foster and 
Support America's Marine Highways


Sec.  393.4  DOT Support for planning activities.

(a) How does DOT provide support?

    (1) The Program Office engages in coordination and planning 
activities with Federal, State, local and tribal governments and 
planning and private entities organizations to encourage the use of 
designated Marine Highway Routes and Projects. These activities 
include:
    (i) Working with these entities to assess plans and develop 
strategies, where appropriate, to incorporate Marine Highway 
transportation and other short sea transportation solutions to their 
statewide and metropolitan transportation plans, including the 
Statewide Transportation Improvement Programs and State Freight Plans.
    (ii) Facilitating groups of States and multi-State transportation 
entities to determine how Marine Highway transportation can address 
port congestion, traffic delays, bottlenecks, and other interstate 
transportation challenges to their mutual benefit.
    (iii) Identifying other Federal agencies that have jurisdiction 
over services, or which currently provide funding for components of 
services, in order to determine which agencies should be consulted and 
assist in the coordination process.
    (iv) Organizing the Department's modal administrations, including 
Federal Highway Administration, Federal Motor Carrier Safety 
Administration, Federal Railroad Administration, Saint Lawrence Seaway 
Development Corporation, and Federal Transit Administration, as 
appropriate, for support and to evaluate costs and benefits of proposed 
Marine Highway Routes and Projects.
    (2) [Reserved]
    (b) [Reserved]


Sec.  393.5  DOT Support for Marine Highway-related research.

(a) How does DOT support research?

    (1) The Program Office works in consultation with public and 
private entities as appropriate, within the limits of available 
resources, to identify impediments, develop incentives, and conduct 
innovative research, in support of the America's Marine Highway Program 
or in direct support of specific designated Marine Highway Routes and 
Projects. The primary objectives of selected research projects are to:
    (i) Identify markets, cargoes, and service parameters that could 
facilitate the development of new or expanded Marine Highway Services.
    (ii) Identify existing or emerging technology, vessel design, 
infrastructure designs, and other improvements that would reduce 
emissions, increase fuel economy, and lower costs of Marine Highway 
transportation and increase the efficiency of intermodal transfers.
    (iii) Identify impediments to the establishment of Marine Highway 
services.
    (iv) Identify incentives to increase the use and efficiency of 
Marine Highway services.
    (b) The Secretary, in consultation with the Administrator of the

[[Page 56909]]

Environmental Protection Agency, may conduct research on short sea 
transportation regarding:
    (1) The environmental and transportation benefits to be derived 
from short sea transportation alternatives for other forms of 
transportation;
    (2) Technology, vessel design, and other improvements that would 
reduce emissions, increase fuel economy, and lower costs of short sea 
transportation and increase the efficiency of intermodal transfers; and
    (3) Solutions to impediments to short sea transportation projects 
designated.


Sec.  393.6  America's Marine Highway Program Project grants.

(a) How does MARAD administer the AMHP grant program?

    (1) The Associate Administrator for Intermodal Systems Development 
manages the program under the guidance and the immediate administrative 
direction of the Maritime Administrator.
    (2) MARAD establishes grant program priorities as reflected in its 
grant opportunity announcements and, from time-to-time, issues 
clarifying guidance documents through the MARAD Web site and the 
Federal Register.
    (3) The Administrator makes funding recommendations to the 
Secretary, who has the authority to award grants.

(b) How does MARAD make grant opportunities known?

    (1) MARAD determines which grant opportunities it will offer, and 
establishes application deadlines and programmatic requirements when 
grant funds become available to the AMHP.
    (2) The MARAD staff prepares Notice of Funding Opportunity (NOFO) 
announcements consisting of all information necessary to apply for each 
grant and publishes the announcement in the Federal Register and on 
grants.gov.

(c) How may an applicant apply for an AMHP grant?

    (1) Applicants may apply for a grant using grants.gov or, in 
connection with a Federal Register announcement, by submitting the 
necessary information to the AMHP Office in electronic form.
    (2) [Reserved]

    By Order of the Maritime Administrator.

    Dated: November 28, 2017.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2017-25897 Filed 11-30-17; 8:45 am]
 BILLING CODE 4910-81-P



                                                56902             Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations

                                                DEPARTMENT OF TRANSPORTATION                            2012 (CGMTA), which built on some of                  emissions, conserve energy, improve
                                                                                                        the ideas in the report, was signed into              safety, and reduce landside
                                                Maritime Administration                                 law. The CGMTA expanded the scope of                  infrastructure maintenance costs.
                                                                                                        the AMHP by adding the words ‘‘or to                     Congestion on the U.S. surface
                                                46 CFR Part 393                                         promote short sea transportation’’ to the             transportation system significantly
                                                RIN 2133–AB84                                           existing purpose of reducing landside                 impacts America’s economic prosperity
                                                                                                        congestion. This added language                       and way of life. Overall, the U.S.
                                                Revision of the America’s Marine                        expanded the focus of the AMHP to                     Department of Transportation (USDOT)
                                                Highway Program Regulations                             include efforts that increase utilization             estimates that congestion on our roads,
                                                                                                        or efficiency of short sea transportation             bridges, railways, and in ports costs the
                                                AGENCY:  Maritime Administration,                       on designated Marine Highway Routes.                  United States as much as $200 billion a
                                                Department of Transportation.                             In November 2015, the National                      year and projects that cargoes moving
                                                ACTION: Final rule.                                     Defense Authorization Act for Fiscal                  through our ports will nearly double
                                                                                                        Year 2016 added to the definition of                  over the next 15 years. Most of this
                                                SUMMARY:   The Maritime Administration
                                                                                                        short sea transportation, that is the                 additional cargo will ultimately move
                                                (MARAD) is amending its America’s
                                                                                                        subject of the AMHP, to include the                   along our surface transportation
                                                Marine Highway Program (AMHP)
                                                                                                        carriage by a documented vessel of                    corridors, many of which are already at
                                                regulations to implement provisions of
                                                                                                        cargo that is: (1) Shipped in discrete                or beyond capacity.
                                                the Coast Guard and Maritime
                                                                                                        units, or packages that are handled
                                                Transportation Act of 2012 (CGMTA),                                                                           Rulemaking Analysis and Notices
                                                                                                        individually, palletized; or, (2) unitized
                                                the National Defense Authorization Act
                                                                                                        for purposes of transportation or freight             Executive Order 12866 (Regulatory
                                                of 2016 (NDAA), and to clarify AMHP
                                                                                                        vehicles carried aboard commuter ferry                Planning and Review), 13563
                                                processes. The revisions expand the
                                                                                                        boats.                                                (Improving Regulation and Regulatory
                                                purpose of the AMHP to include
                                                                                                                                                              Review) and DOT Regulatory Policies
                                                promoting short sea transportation,                     Discussion
                                                                                                                                                              and Procedures
                                                update the definition of short sea
                                                                                                        Why and how is MARAD revising the                        Under Executive Order (E.O.) 12866
                                                transportation, and streamline the
                                                                                                        regulations?                                          (58 FR 51735, October 4, 1993),
                                                regulation to highlight procedures and
                                                resources available to program                             As part of our routine systematic                  supplemented by E.O. 13563 (76 FR
                                                participants.                                           review of existing regulations, MARAD                 3821, January 18, 2011) and USDOT
                                                                                                        is updating its AMHP implementing                     policies and procedures, MARAD must
                                                DATES: This final rule becomes effective
                                                                                                        regulations to conform to statutory                   determine whether a regulatory action is
                                                on January 2, 2018.
                                                                                                        changes and streamline the regulations                ‘‘significant,’’ and therefore subject to
                                                FOR FURTHER INFORMATION CONTACT: Tim                                                                          the Office of Management and Budget
                                                                                                        for ease of use. Accordingly, the rule
                                                Pickering, Office of Marine Highways                    revises in full the AMHP implementing                 (OMB) review and the requirements of
                                                and Passenger Services, at (202) 366–                   regulations to: (1) Add ‘‘promote short               the Order. The Order defines
                                                0704, or via email at MH@dot.gov. You                   sea shipping’’ as a purpose of the                    ‘‘significant regulatory action’’ as one
                                                may send mail to Mr. Pickering at Office                AMHP; (2) re-designate ‘‘corridors,                   likely to result in a rule that may: (1)
                                                of Marine Highways and Passenger                        connectors, and crossings’’ as used in                Have an annual effect on the economy
                                                Services, 1200 New Jersey Avenue SE.,                   the rule as ‘‘Routes’’ for purposes of                of $100 million or more or adversely
                                                Washington, DC 20590.                                   simplicity; (3) expand and clarify the                affect in a material way the economy, a
                                                SUPPLEMENTARY INFORMATION:                              definition of AMHP-eligible cargo to                  sector of the economy, productivity,
                                                Background                                              include discrete units or packages that               competition, jobs, the environment,
                                                                                                        are handled individually, palletized, or              public health or safety, or State, local,
                                                What laws authorize the America’s                       unitized as well as freight vehicles                  or tribal government or communities. (2)
                                                Marine Highway Program?                                 carried aboard commuter ferry boats; (4)              Create a serious inconsistency or
                                                  The Energy Independence and                           add a requirement for the project                     otherwise interfere with an action taken
                                                Security Act of 2007 (EISA) authorized                  sponsors to provide updates on project                or planned by another Agency. (3)
                                                the Secretary of Transportation                         status; (5) expand the eligibility criteria           Materially alter the budgetary impact of
                                                (Secretary) to promulgate regulations to                for services and Routes that may                      entitlements, grants, user fees, or loan
                                                implement the AMHP. The Secretary of                    participate in AMHP; (6) clarify criteria             programs or the rights and obligations of
                                                Transportation delegated authority to                   for Project Designation; and, (7)                     recipients thereof. (4) Raise novel legal
                                                the Maritime Administrator to issue                     reorganize the regulations for ease of                or policy issues arising out of legal
                                                AMHP implementing regulations. On                       use.                                                  mandates, the President’s priorities, or
                                                April 9, 2010, MARAD published in the                                                                         the principles set forth in the E.O.
                                                                                                        What is the purpose of the AMHP?                         MARAD has determined that this
                                                Federal Register final regulations
                                                implementing the AMHP (75 FR 18101).                       Congress authorized the AMHP to                    rulemaking is not considered a
                                                  The Secretary, in consultation with                   promote short sea shipping by                         significant regulatory action under
                                                the Environmental Protection Agency,                    designating routes, also called Marine                section 3(f) of E.O. 12866 and, therefore,
                                                submitted a Report to Congress in April                 Highways, as a way to relieve                         it was not reviewed by OMB. This
                                                2011that included a description of the                  congestion on America’s roads and                     rulemaking will not result in an annual
                                                benefits of the AMHP and activities                     railways. Marine Highway designations                 effect on the economy of $100 million
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                                                conducted under the program. It also                    are intended to assist the maritime                   or more. It is also not considered a
                                                included recommendations for further                    industry in meeting national freight                  major rule for purposes of Congressional
                                                legislative and administrative action                   transportation needs. The AMHP                        review under Public Law 104–121. This
                                                that the Secretary considered                           encourages the use of marine                          rulemaking is also not significant under
                                                appropriate.                                            transportation to reduce freight and                  the Regulatory Policies and Procedures
                                                  In December 2012, the Coast Guard                     passenger travel delays caused by                     of the Department of Transportation (44
                                                and Maritime Transportation Act of                      congestion, reduce greenhouse gas                     FR 11034, February 26, 1979). The costs


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                                                                  Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations                                         56903

                                                and overall economic impact of this                     (March 22, 1985), which guides MARAD                  International Trade Impact Assessment
                                                rulemaking do not require further                       in complying with the National                          This rulemaking is not expected to
                                                analysis.                                               Environmental Policy Act of 1969, 42                  contain standards-related activities that
                                                                                                        U.S.C. 4321 et seq. MARAD has                         create unnecessary obstacles to the
                                                Executive Order 13771 (Reducing
                                                                                                        determined that this rulemaking is not                foreign commerce of the United States.
                                                Regulation and Controlling Regulatory
                                                                                                        a major action (requiring the preparation
                                                Costs)                                                                                                        Privacy Impact Assessment
                                                                                                        of an environmental impact statement or
                                                  This rule is not an E.O. 13771                        environmental assessment) because it is                 Section 522(a)(5) of the
                                                regulatory action because this rule is not              categorically excluded from detailed                  Transportation, Treasury, Independent
                                                significant under E.O. 12866.                           environmental review pursuant to                      Agencies, and General Government
                                                Executive Order 13132 (Federalism)                      section 4.05 of MAO 600–1. Section                    Appropriations Act, 2005 (Pub. L. 108–
                                                                                                        4.05 reads, in pertinent part,                        447, div. H, 118 Stat. 2809 at 3268)
                                                   MARAD analyzed this rulemaking in                    ‘‘[c]ategorical exclusions are Maritime               requires the USDOT and certain other
                                                accordance with the principles and                      Administration actions or groups of                   Federal agencies to conduct a privacy
                                                criteria contained in E.O. 13132                        actions that do not have a significant                impact assessment of each proposed
                                                (‘‘Federalism’’) and has determined that                effect on the quality of the human                    rule that will affect the privacy of
                                                it does not have sufficient Federalism                  environment, individually or                          individuals. Claims submitted under
                                                implications to warrant the preparation                 cumulatively. Categorical exclusions do               this rule will be treated the same as all
                                                of a Federalism summary impact                          not require preparation of                            legal claims received by MARAD. The
                                                statement. This rulemaking has no                       environmental documents. Appendix 1                   processing and treatment of any claim
                                                substantial effect on the States, or on the             of this order [MAO–600–1] describes the               within the scope of this rulemaking by
                                                current Federal-State relationship, or on               Maritime Administration’s categorical                 MARAD shall comply with all legal,
                                                the current distribution of power and                   exclusions.’’ This action falls under                 regulatory and policy requirements
                                                responsibilities among the various local                Categorical Exclusion #3 because                      regarding privacy.
                                                officials. Nothing in this document                     MARAD’s revisions to the regulations
                                                preempts any State law or regulation.                                                                         Unfunded Mandates Reform Act of 1995
                                                                                                        ‘‘do not require a regulatory impact
                                                Therefore, MARAD was not required to                    analysis under section 3 of Executive                    The Unfunded Mandates Reform Act
                                                consult with State and local officials.                 Order 12291 or do not have a potential                of 1995 requires Agencies to evaluate
                                                                                                        to cause a significant effect on the                  whether an Agency action would result
                                                Executive Order 13175 (Consultation
                                                                                                        environment . . .’’ MAO 600–1, App.1,                 in the expenditure by State, local, and
                                                and Coordination With Indian Tribal
                                                                                                        pg. 1.                                                tribal governments, in the aggregate, or
                                                Governments)
                                                                                                                                                              by the private sector, of $141.3 million
                                                  MARAD does not believe that this                         In accordance with section 4.05 and                or more (as adjusted for inflation) in any
                                                rulemaking will significantly or                        Appendix 2 of MAO 600–1, the Agency                   1 year, and if so, to take steps to
                                                uniquely affect the communities of                      has further concluded that no                         minimize these unfunded mandates.
                                                Indian tribal governments when                          extraordinary circumstances exist with                This rulemaking will not impose
                                                analyzed under the principles and                       respect to this regulation that might                 unfunded mandates under the
                                                criteria contained in E.O. 13175                        trigger the need for a more detailed                  Unfunded Mandates Reform Act of
                                                (Consultation and Coordination with                     environmental review. As a result,                    1995. It will not result in costs of $141.3
                                                Indian Tribal Governments); therefore,                  MARAD finds that this regulatory                      million or more to either State, local, or
                                                the funding and consultation                            revision is not a major Federal action                tribal governments, in the aggregate, or
                                                requirements of this Executive Order do                 significantly affecting the quality of the            to the private sector, and is the least
                                                not apply.                                              human environment.                                    burdensome alternative that achieves
                                                                                                        Executive Order 13211 (Energy Supply,                 the objectives of the rule.
                                                Executive Order 12372
                                                (Intergovernmental Review)                              Distribution, or Use)                                 Regulation Identifier Number (RIN)
                                                  The regulations implementing E.O.                       MARAD has determined that this                         A regulation identifier number (RIN)
                                                12372 regarding intergovernmental                       rulemaking will not significantly affect              is assigned to each regulatory action
                                                consultation on Federal programs and                    energy supply, distribution, or use.                  listed in the Unified Agenda of Federal
                                                activities do not apply to this                         Therefore, no Statement of Energy                     Regulations. The Regulatory Information
                                                rulemaking.                                             Effects is required.                                  Service Center publishes the Unified
                                                                                                                                                              Agenda in April and October of each
                                                Regulatory Flexibility Act                              Executive Order 12988 (Civil Justice                  year. The RIN number contained in the
                                                   The Regulatory Flexibility Act of 1980               Reform)                                               heading of this document can be used
                                                requires MARAD to assess whether this                                                                         to cross-reference this action with the
                                                rulemaking would have a significant                       This action meets applicable
                                                                                                                                                              Unified Agenda.
                                                economic impact on a substantial                        standards in sections 3(a) and 3(b)(2) of
                                                                                                        E.O. 12988, Civil Justice Reform, to                  Paperwork Reduction Act
                                                number of small entities and to
                                                minimize any adverse impact. MARAD                      minimize litigation, eliminates                          Under the Paperwork Reduction Act
                                                certifies that this rulemaking will not                 ambiguity, and reduce burden.                         of 1995 (PRA) (44 U.S.C. 3501 et seq.),
                                                have a significant economic impact on                   Executive Order 12630 (Taking of                      Federal agencies must obtain approval
                                                a substantial number of small entities.                 Private Property)                                     from OMB for each collection of
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                                                                              information they conduct, sponsor, or
                                                Environmental Assessment                                  This rulemaking will not affect a                   require through regulations. This
                                                   MARAD has evaluated this                             taking of private property or otherwise               rulemaking updates the regulations due
                                                rulemaking under Maritime                               have taking implications under E.O.                   to changes made by the CGMTA, the
                                                Administrative Order (MAO) 600–1,                       12630, Governmental Actions and                       NDAA, and to clarify AMH program
                                                ‘‘Procedures for Considering                            Interference with Constitutionally                    procedures. This rulemaking contains
                                                Environmental Impacts,’’ 50 FR 11606                    Protected Property Rights.                            no new or amended information


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                                                56904             Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations

                                                collection or recordkeeping                               In response to the agency’s Federal                 Subpart A—General Provisions
                                                requirements that have been approved                    Register document seeking public
                                                or require approval by OMB.                             comment on its proposed revisions to 46               § 393.1    Special definitions.
                                                                                                        CFR part 393, we received one comment                    For the purposes of this part:
                                                Comments on the Proposed Rule                                                                                    (a) Administrator means the Maritime
                                                                                                        from the American Federation of Labor
                                                   In response to the agency’s Federal                  and Congress of Industrial                            Administrator, Maritime
                                                Register document seeking public                        Organizations (AFL/CIO) Transportation                Administration, U.S. Department of
                                                comment on its proposed revisions to 46                 Trades Department (TDD). The                          Transportation USDOT. The
                                                CFR part 393 published on January 11,                   comment offered their strong support                  Administrator is responsible for
                                                2017 (82 FR 3250), we received one                      for the proposed rule citing the need to              administering the America’s Marine
                                                comment from the Center for Biological                  address congested corridors, reduce                   Highway Program (AMHP) and making
                                                Diversity (CBD). The commenter                          shipping costs and improve safety. The                route and project recommendations to
                                                requests that MARAD analyze the                         commenter credited the AMHP with                      the Secretary.
                                                revisions’ impacts and the impacts of                   providing meaningful options for                         (b) Department means the U.S.
                                                the AMHP as a whole under NEPA, and                     companies utilizing short sea shipping                Department of Transportation.
                                                consult on impacts of the revisions to                                                                           (c) Cargo on a Marine Highway
                                                                                                        and for promoting job growth in the
                                                species listed under the Endangered                                                                           service means goods transported in
                                                                                                        maritime industry. In addition, TDD
                                                Species Act (ESA), 16 U.S.C. 1531 et                                                                          commerce and generally refers to, but is
                                                                                                        noted challenges facing the maritime                  not limited by, the types and kinds of
                                                seq. Specifically, CBD requests that                    industry and MARAD in the areas of
                                                MARAD consider the impacts arising                                                                            cargo that are described in the definition
                                                                                                        Title XI loan guarantees and potential                of ‘‘Short sea transportation’’, in
                                                from increased shipping noise and risk                  double taxation of goods transported
                                                of ship strikes to endangered and                                                                             paragraph (k) of this section. Neither
                                                                                                        using domestic short sea shipping via                 weight nor proportionality are
                                                threatened marine species resulting                     the Harbor Maintenance Tax. Both of
                                                from increased traffic as a result of the                                                                     considered under this definition. The
                                                                                                        these areas of concern are outside of the             term as used in this context is generally
                                                AMHP. CBD also requests that the                        scope of the AMH Program.
                                                revisions to the rule require proponents                                                                      interchangeable with the term
                                                                                                          The Harbor Maintenance Tax (HMT)                    ‘‘Freight’’, defined in paragraph (d) of
                                                of individual AMH corridors and
                                                                                                        funds the Harbor Maintenance Trust                    this section.
                                                projects to prepare environmental
                                                                                                        Fund (HMTF) to fund port and harbor                      (d) Freight on a Marine Highway
                                                assessments as a condition for
                                                designation. CBD further requests that                  dredging activities by the Corps of                   service means goods transported in
                                                the revisions to the rule also require                  Engineers. The HMT and HMTF are not                   commerce and generally refers to, but is
                                                MARAD to consult on impacts to ESA-                     managed by the Department of                          not limited by, the types and kinds of
                                                listed species before designation.                      Transportation. Economic soundness is                 cargo that are described in the definition
                                                   Pursuant to the requirements of the                  a key requirement and projects need to                of ‘‘Short sea transportation’’, in
                                                CGMTA and NDAA, this rulemaking                         have a viable business case or the                    paragraph (k) of this section. Neither
                                                expands the purpose of the AMHP to                      Maritime Administration cannot                        weight nor proportionality are
                                                promote short sea transportation,                       approve it. To date, no operators have                considered under this definition. The
                                                updates the definition of short sea                     applied for a Title XI loan guarantee for             term as used in this context is generally
                                                transportation, and clarifies AMHP                      an AMH Project.                                       interchangeable with the term ‘‘Cargo’’,
                                                procedures highlighting resources                       List of Subjects in 46 CFR Part 393                   defined in paragraph (c) of this section.
                                                available to program participants. CBD                                                                           (e) Marine Highway Routes or Routes
                                                provided no specific comments with                        Vessels.                                            mean commercially navigable coastal,
                                                respect to the Agency’s proposed                        ■ For the reasons stated in the preamble,             inland, and intracoastal waters of the
                                                changes in this rulemaking to conform                   the Maritime Administration revises 46                United States as designated by the
                                                the AMH implementing regulations to                     CFR part 393 to read as follows:                      Secretary. This includes connections
                                                the relevant statutory amendments, and                                                                        between U.S. ports and Canadian ports
                                                therefore CBD’s comments are outside                    PART 393—AMERICA’S MARINE                             on the Great Lakes-Saint Lawrence
                                                the scope of this rulemaking.                           HIGHWAY PROGRAM                                       Seaway System, and non-contiguous
                                                Nevertheless, in response to CBD’s                                                                            U.S. ports. Marine Highway Routes are
                                                                                                        Subpart A—General Provisions
                                                comments, MARAD states that it                                                                                a component of the Nation’s surface
                                                complies with all environmental laws in                 Sec.                                                  transportation system. Each Marine
                                                the administration of its programs. All                 393.1 Special definitions.                            Highway Route is described in terms of
                                                future project proposals under the                      Subpart B—Marine Highway Route and                    the specific landside transportation
                                                AMHP will be reviewed in accordance                     Project Designations                                  routes (road or railway) that it
                                                with the requirements contained in                      393.2 Marine Highway Routes.                          supplements or to which it connects.
                                                NEPA and all applicable environmental                   393.3 Marine Highway Projects.                        All previously designated Marine
                                                laws.                                                   Subpart C—Department of Transportation
                                                                                                                                                              Highway ‘‘corridors,’’ ‘‘connectors,’’ and
                                                   In regard to CBD’s request that                      Efforts to Foster and Support America’s               ‘‘crossings’’ are now designated as
                                                MARAD analyze the environmental                         Marine Highways                                       ‘‘Routes.’’
                                                impacts of the revisions to the rule and                                                                         (f) Marine Highway Projects are
                                                                                                        393.4 DOT Support for planning activities.
                                                the AMHP under NEPA and to                              393.5 DOT Support for Marine Highway-
                                                                                                                                                              planned or contemplated new services,
                                                participate in interagency consultation                     related research.                                 or expansions of existing services, on
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                                                under the ESA for any impacts the                       393.6 America’s Marine Highway Program                designated Marine Highway Routes, that
                                                revisions may have upon listed species,                     Project grants.                                   seek to provide new modal choices to
                                                MARAD has performed the required                          Authority: Pub. L. 110–140, title XI,
                                                                                                                                                              shippers, reduce transportation costs,
                                                environmental review for this                           subtitle C, sections 1121–1123, 121 Stat.             and/or provide public benefits, which
                                                rulemaking under NEPA and MAO 600–                      1494; Pub. L. 112–213, title IV, section 405,         include reduced air emissions, reduced
                                                1 ‘‘Procedures for Considering                          126 Stat. 1541; 49 CFR 1.92 and 1.93(a), 46           road maintenance costs, and improved
                                                Environmental Impacts.’’                                U.S.C. 55601, 55604, 55605.                           safety and resiliency impacts. Project


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                                                                  Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations                                         56905

                                                Applicants propose projects and the                     Subpart B—Marine Highway Route and                    and intermodal facilities. Include key
                                                Secretary may designate projects                        Project Designations                                  navigational factors such as available
                                                consistent with this part.                                                                                    draft, channel width, bridge air draft, or
                                                                                                        § 393.2   Marine Highway Routes.                      lock clearance, and any foreseeable
                                                   (g) Project Applicant means a public
                                                entity with operations, or administrative               (a) What are the minimum eligibility                  impacts on navigation or commerce.
                                                                                                        requirements for MARAD to recommend                   When available, include one or more
                                                areas of responsibility, that are adjacent
                                                                                                        a Marine Highway Route for the                        maps of the proposed Route.
                                                to or near the relevant Route that
                                                                                                        Secretary to designate?                                  (ii) Surface transportation regions
                                                applies for designation of a Marine
                                                                                                                                                              served. (A) Land transportation routes
                                                Highway Project pursuant to this part.                    (1) MARAD may recommend Marine                      that would benefit. Provide a summary
                                                Eligible applicants include State                       Highway Routes that relieve landside                  of any land transportation route that the
                                                governments (including State                            congestion along coastal corridors or                 Marine Highway Route would benefit.
                                                departments of transportation),                         that promote short sea transportation;                Include a description of the route, its
                                                metropolitan planning organizations,                    and                                                   primary users, the nature, locations and
                                                port authorities and tribal governments.                  (2) That advance the objectives of the
                                                                                                                                                              occurrence of travel delays, urban areas
                                                                                                        AMHP in paragraph (c) of this section.
                                                   (h) Program Office means Office of                                                                         affected, and other geographic or
                                                Marine Highways and Passenger                           (b) When can a Route Sponsor request                  jurisdictional issues that impact its
                                                Services.                                               designation of a Marine Highway Route?                overall operation and performance.
                                                                                                           (1) The Department accepts Marine                     (B) U.S. Domestic Shipping Lane
                                                   (i) Route Sponsors are public entities
                                                                                                        Highway Route designation requests any                Served. For Marine Highway Routes that
                                                with operations or administrative areas
                                                                                                        time. Route Sponsors must submit                      pass through waters outside U.S.
                                                of responsibility that are adjacent to or
                                                                                                        designation requests through the                      territorial waters, provide a summary of
                                                related to the relevant Route that                                                                            the shipping routes or trade lanes that
                                                recommend a commercially navigable                      Program Office.
                                                                                                           (2) The Maritime Administration                    the Marine Highway Route would
                                                waterway for designation as a Marine                                                                          benefit. Include a description of the
                                                Highway Route. Eligible Route Sponsors                  publishes all designated Routes on its
                                                                                                        Web site. Go to http://                               route, its primary users, the nature,
                                                include State governments (including                                                                          locations and occurrence of travel
                                                State departments of transportation),                   www.marad.dot.gov and search
                                                                                                        ‘‘America’s Marine Highways’’ to see                  delays, urban areas affected, and other
                                                metropolitan planning organizations,                                                                          geographic or jurisdictional issues that
                                                                                                        the current list.
                                                port authorities, non-Federal navigation                                                                      impact its overall operation and
                                                districts and tribal governments.                       (c) What should Route Sponsors                        performance.
                                                   (j) Secretary means the Secretary of                 consider when preparing Marine                           (iii) Involved parties. Provide the
                                                Transportation.                                         Highway Route designation requests?                   organizational structure of the Route
                                                                                                           (1) Route Sponsors designation                     Sponsors and supporters recommending
                                                   (k) Short sea transportation means the
                                                                                                        requests should explain how a proposed                the Route designation, including
                                                carriage by a U.S. documented vessel of                                                                       business affiliations and private sector
                                                cargo—                                                  route will help achieve the following
                                                                                                        objectives:                                           stakeholders. Multi-jurisdictional
                                                   (1) That is—                                            (i) Establishing Marine Highway                    coalitions may include State
                                                   (i) Contained in intermodal cargo                    Routes as extensions of the national                  Departments of Transportation,
                                                containers and loaded by crane on the                   surface transportation system;                        metropolitan planning organizations,
                                                vessel;                                                    (ii) Developing multi-jurisdictional               municipalities and other governmental
                                                                                                        coalitions and partnerships that focus                entities (including tribal governments).
                                                   (ii) Loaded on the vessel by means of                                                                      Include the extent to which these
                                                                                                        public and private efforts to improve
                                                wheeled technology;                                                                                           entities have expressed support for the
                                                                                                        reliability and resiliency of the Route for
                                                   (iii) Shipped in discrete units or                   freight and passengers;                               route designation and describe any
                                                packages that are handled individually,                    (iii) Obtaining public benefits as                 affiliations with environmental groups
                                                palletized, or unitized for purposes of                 described in paragraph (d)(1)(vi) of this             or civic associations, or affiliations with
                                                transportation; or                                      section; and                                          any foreign interests.
                                                   (iv) Freight vehicles carried aboard                    (iv) Identifying potential savings that               (iv) Volume and characteristics. If
                                                                                                        could be realized by providing an                     authoritative data are available, provide
                                                commuter ferry boats; and
                                                                                                        alternative to existing supply chains                 the volume of passengers and/or cargo
                                                   (2) That is—                                         through short sea transportation.                     that are candidates for shifting to water
                                                   (i) Loaded at a port in the United                      (2) [Reserved]                                     transportation on the proposed Route.
                                                States and unloaded either at another                                                                         Otherwise provide estimates for this
                                                                                                        (d) What information should Route                     information, include identified
                                                port in the United States or at a port in
                                                                                                        Sponsors include in their designation                 shippers, manufacturers, distributors,
                                                Canada located in the Great Lakes-Saint                 requests?
                                                Lawrence Seaway System; or,                                                                                   and other entities that could benefit
                                                                                                          (1) One or more eligible Route                      from a Marine Highway alternative, and
                                                   (ii) Loaded at a port in Canada located                                                                    the extent to which these entities have
                                                                                                        Sponsors may submit Marine Highway
                                                in the Great Lakes-Saint Lawrence                       Route designation requests to the                     expressed support for the Marine
                                                Seaway System and unloaded at a port                    Program Office. Designation requests                  Highway Route designation request.
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                                                in the United States.                                   should include the following                             (v) Congestion reduction. Describe the
                                                   (l) United States documented vessel                  information:                                          extent to which the proposed Route
                                                means a vessel documented under 46                        (i) Physical Description of the                     could relieve landside congestion in
                                                CFR part 67.                                            Proposed Marine Highway Route.                        measurable terms, if applicable. Include
                                                                                                        Describe the proposed Marine Highway                  any known offsetting land
                                                                                                        Route, and its connection to existing or              transportation infrastructure savings
                                                                                                        planned transportation infrastructure                 (either construction or maintenance)


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                                                56906             Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations

                                                that would likely result from the Route,                  (ii) Involve new or expand existing                 recurring infrastructure and
                                                if applicable.                                          services for the carriage of cargo; and               maintenance costs, vessel or equipment
                                                   (vi) Public benefits. Provide, if known,               (iii) Are on a designated Marine                    acquisition or construction costs, etc.
                                                the net savings over status quo in                      Highway Route.                                        Include any anticipated changes in local
                                                emissions, including greenhouse gases,                    (3) Proposed Route Designations are                 or regional short sea transportation,
                                                energy consumption, landside                            accepted at any time, and may be                      policy or regulations, ports, industry, or
                                                infrastructure maintenance costs, safety                submitted together with the proposed                  other developments affecting the
                                                and system resiliency. Specify if the                   Project Designation.                                  project. In the event that public sector
                                                Marine Highway Route represents the                       (4) Successful Project Applicants                   financial support is being sought,
                                                most cost-effective option among other                  must demonstrate a direct connection                  describe the amount, form and duration
                                                modal improvements. Include                             between a proposed Marine Highway                     of public investment required.
                                                consideration of the implications future                Project and the carriage of cargo through             Applicants may email mh@dot.gov to
                                                growth may have on the proposed                         ports on Designated Marine Highway                    request a sample cost model.
                                                Route.                                                  Routes.                                                  (4) An overall quantification of the net
                                                   (vii) Public costs. If applicable and                (b) When does the Program Office                      public benefits estimated to be gained
                                                known, identify any costs that may                      accept Marine Highway Project                         through the successful initiation of the
                                                result from designation of the route. If                designation applications?                             Marine Highway Project, including
                                                able, provide costs that are quantifiable                                                                     highway miles saved, road maintenance
                                                such as the additional cost of emissions                  (1) The Administrator will announce                 savings, air emissions savings, and
                                                or energy consumption required to                       by notice in the Federal Register and on              safety and resiliency impacts.
                                                effectively leverage the benefits of the                MARAD’s AMHP Web site open season                        (5) Marine Highway Route(s). Identify
                                                designated route. These costs should be                 periods to allow Project Applicants                   the designated Marine Highway Routes
                                                a component in the net savings                          opportunities to submit Marine                        the Project will utilize.
                                                identified in paragraph (d)(1)(vi) of this              Highway Project designation                              (6) Organization. Provide the
                                                section.                                                applications.                                         organizational structure of the proposed
                                                   (viii) Impediments. Describe known                     (2) [Reserved]                                      project, including an outline of the
                                                or anticipated obstacles to utilization of              (c) What should Project Applicants                    business affiliations, environmental,
                                                the proposed Marine Highway Route.                      include when preparing a Marine                       non-profit organizations and
                                                Include any strategies, either in place or              Highway Project designation                           governmental or private sector
                                                proposed, to deal with the impediments.                 application?                                          stakeholders.
                                                   (2) [Reserved]                                                                                                (7) Partnerships:—(i) Private sector
                                                                                                           (1) The market or customer base to be
                                                (e) How will the Program Office evaluate                served by the service and the service’s               partners. Identify private sector partners
                                                and recommend Marine Highway Route                      value proposition to customers. This                  and describe their levels of commitment
                                                designation requests?                                   includes—                                             to the proposed service. Private sector
                                                                                                           (i) A description of how the market is             partners can include terminals, vessel
                                                  (1) The Program Office will evaluate                                                                        operators, shipyards, shippers, trucking
                                                and recommend Route Designations                        currently served by transportation
                                                                                                        options;                                              companies, railroads, third-party
                                                based on an analysis and technical                                                                            logistics providers, shipping lines,
                                                review of the information provided by                      (ii) Identities of shippers that have
                                                                                                        indicated an interest in, and level of                labor, workforce and other entities
                                                the Route Sponsor. The Maritime                                                                               deemed appropriate by the Secretary.
                                                Administration will recommend Routes                    commitment to, the proposed service;
                                                                                                           (iii) Specific commodities, markets,                  (ii) Public sector partners. Identify
                                                that receive a favorable technical                                                                            State Departments of Transportation,
                                                review, and meet other criteria                         and shippers the Project is expected to
                                                                                                        attract;                                              metropolitan planning organizations,
                                                described in this part, for designation by                                                                    municipalities and other governmental
                                                                                                           (iv) Extent to which interested entities
                                                the Secretary.                                                                                                entities, including tribal entities, that
                                                  (2) The Program Office may consider                   have been educated about the Project
                                                                                                        and expressed support, and                            Project Applicants have engaged and the
                                                additional factors and may request                                                                            extent to which they support the
                                                                                                           (v) A marketing strategy for the
                                                supplemental information during the                                                                           service. Include any affiliations with
                                                                                                        project if one exists.
                                                review process. USDOT will notify                                                                             environmental groups or civic
                                                                                                           (2) Operational framework. A
                                                Route Sponsors as to the status of their                                                                      associations.
                                                                                                        description of the proposed operational
                                                request in writing once the Secretary                                                                            (iii) Documentation. Provide
                                                                                                        framework of the project including
                                                makes a determination.                                                                                        documents affirming commitment or
                                                                                                        origin/destination pairs, transit times,
                                                § 393.3   Marine Highway Projects.                      vessel types, and service frequency.                  support from entities involved in the
                                                                                                           (3) The cost model for the proposed                project.
                                                (a) What are the minimum eligibility                    service. The cost model should be                        (8) Public benefits. These measures
                                                requirements for MARAD to recommend                     broken down by container, trailer, or                 reflect current law and are consistent
                                                a Marine Highway Project for the                        other freight unit, including loading and             with USDOT’s Strategic Goals. Project
                                                Secretary to designate?                                 discharge costs, vessel operating costs,              Applicants should organize external net
                                                  (1) MARAD may recommend only                          drayage costs, and other ancillary costs.             cost savings and public benefits of the
                                                those Marine Highway Projects that will                 Provide a comparison cost model                       Project based on the following six
                                                use U.S. documented vessels and                         outlining the current costs for                       categories:
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                                                mitigate landside congestion or promote                 transportation using landside mode                       (i) Emissions benefits. Address any
                                                short sea transportation.                               (truck and rail) alternatives for the                 net savings, in quantifiable terms, now
                                                  (2) MARAD may recommend only                          identified market that the proposed                   and in the future, over current
                                                those Marine Highway Projects that:                     project will serve. Provide the project’s             emissions practices, including
                                                  (i) Involve the carriage of cargo in                  financial plan and provide projected                  greenhouse gas emissions, criteria air
                                                Short Sea Transportation as defined in                  revenues and expenses. Include labor                  pollutants or other environmental
                                                paragraph (k) of this section;                          and operating costs, drayage, fixed and               benefits the project offers.


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                                                                  Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations                                        56907

                                                   (ii) Energy savings. Provide an                      required investments needed to address                   (iv) In cases where transportation
                                                analysis of potential net reductions in                 the infrastructure gaps.                              infrastructure is needed, Project
                                                energy consumption, in quantifiable                       (11) Environmental considerations.                  Applicants may request to be included
                                                terms, now and in the future, over the                  Project Applicants must provide all                   on the Secretary’s list of high-priority
                                                current practice.                                       information necessary to assist                       transportation infrastructure projects
                                                   (iii) Landside transportation                        MARAD’s environmental analysis of the                 under E.O. 13274, ‘‘Environmental
                                                infrastructure maintenance savings. To                  proposed project, pursuant to the                     Stewardship and Transportation
                                                the extent the data is available indicate,              National Environmental Policy Act of                  Infrastructure Project Review.’’
                                                in dollars per year, the projected net                  1969 (NEPA) (42 U.S.C. 4321 et seq.)                     (v) Assist with developing individual
                                                savings of public funds that would                      and other environmental requirements.                 performance measures for Marine
                                                result in road or railroad maintenance or                                                                     Highway Projects.
                                                                                                        (d) How will the Program Office                          (vi) Work with Federal entities and
                                                repair, including pavement, bridges,
                                                                                                        evaluate and recommend Marine                         regional, State, local and tribal
                                                tunnels or related transportation
                                                                                                        Highway Project applications for                      governments to include designated
                                                infrastructure from a proposed project.
                                                                                                        designation?                                          Projects in transportation planning.
                                                Include the impacts of accelerated
                                                infrastructure deterioration caused by                    (1) The Program Office will evaluate                   (vii) Coordinate with public and
                                                vehicles currently using the route,                     and recommend for designation by the                  private entities to resolve impediments
                                                especially in cases of oversize or                      Secretary those Projects based on an                  to the success of Marine Highway
                                                overweight vehicles. This information                   analysis and technical review of the                  Projects.
                                                applies only to projects for a marine                   information provided by the Project                      (viii) Conduct research on issues
                                                highway service where a landside                        Applicant. MARAD will recommend                       specific to Marine Highway Projects.
                                                alternative exists.                                     Projects that operate on a designated                    (ix) Advise Project Applicants on the
                                                   (iv) Economic competitiveness. To the                Marine Highway Route, receive a                       availability of various Federal funding
                                                extent the data is available, describe                  favorable technical review, and meet                  mechanisms to support the Projects.
                                                how the project will measurably result                  other criteria described in this part, for               (x) Maintain liaison with Project
                                                in transportation efficiency gains for the              designation by the Secretary.                         Applicants and representatives of
                                                U.S. public. For purposes of aligning a                   (2) The Program Office may consider                 designated Projects to provide ongoing
                                                project with this outcome, applicants                   additional factors and may request                    support and identify lessons learned
                                                should provide evidence of how                          supplemental information during the                   and best practices for other projects and
                                                improvements in transportation                          review process. USDOT will notify                     the overall Marine Highway program.
                                                                                                                                                                 (2) [Reserved]
                                                outcomes (such as time savings,                         Project Applicants as to the status of
                                                operating cost savings, and increased                   their application in writing once the                 (f) How will the Department protect
                                                utilization of assets) translate into long-             Secretary makes a determination.                      confidential information?
                                                term economic productivity benefits.                                                                             (1) If your application, including
                                                                                                        (e) How will MARAD support designated
                                                   (v) Safety improvements. Describe, in                                                                      attachments, includes information that
                                                                                                        America’s Marine Highway Projects?
                                                measurable terms, the projected safety                                                                        you consider to be a trade secret or
                                                improvements that would result from                        (1) Upon designation as a Marine                   confidential commercial or financial
                                                the proposed operation.                                 Highway Project, the Department                       information, or otherwise exempt from
                                                   (vi) System resiliency and                           Program Office will coordinate with the               disclosure under the Freedom of
                                                redundancy. To the extent data is                       Project Applicants to identify the most               Information Act (5 U.S.C. 552), as
                                                available, describe, if applicable, how a               appropriate departmental actions to                   implemented by the Department at 49
                                                proposed Marine Highway Project offers                  support the project. USDOT support                    CFR part 7, you may assert a claim of
                                                a resilient route or service that can                   could include any of the following, as                confidentiality.
                                                benefit the public. Where land                          appropriate and subject to agency                        (2) What should I do if I believe my
                                                transportation routes serving a locale or               resources:                                            Project designation application contains
                                                region are limited, describe how a                         (i) Promote the service with                       confidential or business sensitive
                                                proposed project offers an alternative                  appropriate governmental, regional,                   information?
                                                and the benefit this could offer when                   State, local or tribal government                        (i) Note on the front cover that the
                                                other routes are interrupted as a result                transportation planners, private sector               submission ‘‘Contains Confidential
                                                of natural or man-made incidents.                       entities or other decision makers to the              Business Information (CBI);’’
                                                   (9) Proposed project timeline. Include               extent permitted by law.                                 (ii) Mark each affected page ‘‘CBI;’’
                                                a proposed project timeline with                           (ii) Coordinate with ports, State                  and
                                                estimated start dates and key                           Departments of Transportation,                           (iii) Clearly highlight or otherwise
                                                milestones. If applicable, include the                  metropolitan planning organizations,                  denote the CBI portions. The USDOT
                                                point in the timeline at which the                      localities, other public agencies and the             protects such information from
                                                enterprise is anticipated to attain self-               private sector to support the designated              disclosure to the extent allowed under
                                                sufficiency.                                            service. Efforts can be aimed at                      applicable law.
                                                   (10) Support and investment required.                identifying resources, obtaining access                  (3) What will happen if information
                                                Describe any known or anticipated                       to land or terminals, developing                      related to my Project designation
                                                obstacles to either implementation or                   landside facilities and infrastructure,               application is the subject of a request
                                                long-term success of the project. Include               and working with Federal, regional,                   under the Freedom of Information Act
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                                                any strategies, either in place or                      State, local or Tribal governmental                   (FOIA)? We will apply the procedures
                                                proposed, to mitigate impediments.                      entities to remove barriers to success.               contained in 49 CFR part 7 to a request
                                                Identify specific infrastructure gaps                      (iii) Pursue commitments from                      from non-Federal third-parties for
                                                such as docks, cranes, ramps, etc. that                 Federal entities to transport Federally               information related to documents you
                                                will need to be addressed in order for                  owned or generated cargo using the                    submit under this part. We will consider
                                                the project to become economically                      services of the designated project, when              your claim of confidentiality at the time
                                                viable. Include estimates for the                       practical or available.                               someone requests the information under


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                                                56908             Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations

                                                FOIA. Only information that is                          designated landside routes? The                       where appropriate, to incorporate
                                                ultimately determined to be confidential                Program Office will assume other public               Marine Highway transportation and
                                                under that procedure will be exempt                     benefits, including energy savings,                   other short sea transportation solutions
                                                from disclosure under FOIA.                             reduced emissions, and safety                         to their statewide and metropolitan
                                                                                                        improvements to be a direct derivative                transportation plans, including the
                                                (g) Is there a specific format required for
                                                                                                        of either numbers of vehicles reduced,                Statewide Transportation Improvement
                                                project designation applications and
                                                                                                        or vehicle/ton miles avoided, unless                  Programs and State Freight Plans.
                                                attached documents?
                                                                                                        specific factors change (such as a change                (ii) Facilitating groups of States and
                                                   (1) When responding to specific                      in vessel fuel or emissions).                         multi-State transportation entities to
                                                solicitations for Marine Highway                           (ii) Public cost. Is the overall cost to           determine how Marine Highway
                                                Projects by the Program Office, Project                 the Federal Government (if any) on track              transportation can address port
                                                Applicants should include all of the                    with estimates at the time of                         congestion, traffic delays, bottlenecks,
                                                information requested by paragraph (c)                  designation? The overall cost to the                  and other interstate transportation
                                                of this section organized in a manner                   Federal Government represents the                     challenges to their mutual benefit.
                                                consistent with the elements set forth in               amount of Federal investment (i.e.,                      (iii) Identifying other Federal agencies
                                                that section. The Program Office                        direct funding, loan guarantees or                    that have jurisdiction over services, or
                                                reserves the right to ask any applicant                 similar mechanisms) reduced by the                    which currently provide funding for
                                                to supplement the data in its                           offsetting savings the project represents             components of services, in order to
                                                application, but expects applications to                (road/bridge wear and tear avoided,                   determine which agencies should be
                                                be complete upon submission. The                        infrastructure construction or expansion              consulted and assist in the coordination
                                                narrative portion of an application                     deferred).                                            process.
                                                should not exceed 20 pages in length.                      (iii) Timeliness factor. Is the project               (iv) Organizing the Department’s
                                                Documentation supporting the                            on track for the point at which the                   modal administrations, including
                                                assertions made in the narrative portion                enterprise is projected to attain self-               Federal Highway Administration,
                                                may also be provided in the form of                     sufficiency? For example, if the project              Federal Motor Carrier Safety
                                                appendices, but limited to relevant                     was anticipated to attain self-sufficiency            Administration, Federal Railroad
                                                information. Applications may be                        after 36 months of operation, is it on                Administration, Saint Lawrence Seaway
                                                submitted electronically via                            track at the point of evaluation to meet              Development Corporation, and Federal
                                                regulations.gov (http://                                that objective? This can be determined                Transit Administration, as appropriate,
                                                www.regulations.gov). Applications                      by assessing revenues, cargo and                      for support and to evaluate costs and
                                                submitted in writing must include the                   passenger trends, expenses and other                  benefits of proposed Marine Highway
                                                original and three copies and must be                   factors established in the application                Routes and Projects.
                                                on 8.5″ x 11″ single spaced paper,                      review process.                                          (2) [Reserved]
                                                excluding maps, Geographic                              (i) Can a Project designation expire or                  (b) [Reserved]
                                                Information Systems (GIS)                               be terminated?
                                                representations, etc.                                                                                         § 393.5 DOT Support for Marine Highway-
                                                   (2) In the event that the Project                       (1) Project Designations are effective             related research.
                                                Applicant of a Marine Highway Project                   for a period of five years, or until the
                                                                                                        date the project is completed, or                     (a) How does DOT support research?
                                                that has already been designated by the
                                                Secretary seeks a modification to the                   MARAD cancels the designation. Project                   (1) The Program Office works in
                                                designation because of a change in                      Designation will expire after three years             consultation with public and private
                                                project scope, an expansion of the                      of inactivity.                                        entities as appropriate, within the limits
                                                project, or other significant change to                    (2) Project Applicants wishing to                  of available resources, to identify
                                                the project, the Project Applicant should               extend a Project Designation must                     impediments, develop incentives, and
                                                request the change in writing to the                    submit an updated application no later                conduct innovative research, in support
                                                Secretary via the Maritime                              than six months before the five-year                  of the America’s Marine Highway
                                                Administrator. The request must                         designation period ends. Project                      Program or in direct support of specific
                                                contain any changed or new information                  Applicants who no longer wish to                      designated Marine Highway Routes and
                                                that is relevant to the project.                        maintain project designation may                      Projects. The primary objectives of
                                                                                                        submit a request to the Secretary to                  selected research projects are to:
                                                (h) What does the Program Office do to                  revoke their designation.                                (i) Identify markets, cargoes, and
                                                ensure designated projects are                                                                                service parameters that could facilitate
                                                developing properly?                                    Subpart C—Department of                               the development of new or expanded
                                                  (1) Once designated projects enter the                Transportation Efforts To Foster and                  Marine Highway Services.
                                                operational phase (either start of a new                Support America’s Marine Highways                        (ii) Identify existing or emerging
                                                service, or expansion of existing                       § 393.4 DOT Support for planning                      technology, vessel design, infrastructure
                                                service), the Program Office will                       activities.                                           designs, and other improvements that
                                                evaluate them regularly to determine if                                                                       would reduce emissions, increase fuel
                                                the project is likely to achieve its                    (a) How does DOT provide support?                     economy, and lower costs of Marine
                                                objectives.                                               (1) The Program Office engages in                   Highway transportation and increase the
                                                  (2) Overall project performance will                  coordination and planning activities                  efficiency of intermodal transfers.
                                                be assessed according to three                          with Federal, State, local and tribal                    (iii) Identify impediments to the
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                                                categories—exceeds, meets, or does not                  governments and planning and private                  establishment of Marine Highway
                                                meet original projections—in each of the                entities organizations to encourage the               services.
                                                three areas defined below:                              use of designated Marine Highway                         (iv) Identify incentives to increase the
                                                  (i) Public benefit. Does the Project                  Routes and Projects. These activities                 use and efficiency of Marine Highway
                                                meet the stated goals in shifting specific              include:                                              services.
                                                numbers of vehicles (number of trucks,                    (i) Working with these entities to                     (b) The Secretary, in consultation
                                                rail cars or automobiles) off the                       assess plans and develop strategies,                  with the Administrator of the


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                                                                  Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations                                       56909

                                                Environmental Protection Agency, may                    FEDERAL COMMUNICATIONS                                Street SW., Room CY–A257,
                                                conduct research on short sea                           COMMISSION                                            Washington, DC 20554. The full text of
                                                transportation regarding:                                                                                     this document and any subsequently
                                                   (1) The environmental and                            47 CFR Part 64                                        filed documents in this matter may also
                                                transportation benefits to be derived                   [CC Docket No. 91–281; FCC 17–132]                    be found by searching ECFS at: http://
                                                from short sea transportation                                                                                 apps.fcc.gov/ecfs/ (insert CC Docket No.
                                                alternatives for other forms of                         Calling Number Identification                         91–281 into the Proceeding block).
                                                transportation;                                         Service—Caller ID                                     Congressional Review Act
                                                   (2) Technology, vessel design, and
                                                                                                        AGENCY:  Federal Communications                         The Commission sent a copy of this
                                                other improvements that would reduce
                                                                                                        Commission.                                           Report and Order to Congress and the
                                                emissions, increase fuel economy, and
                                                lower costs of short sea transportation                 ACTION: Final rule.                                   Government Accountability Office
                                                and increase the efficiency of                                                                                pursuant to the Congressional Review
                                                                                                        SUMMARY:    In this document, the                     Act, see 5 U.S.C. 801(a)(1)(A).
                                                intermodal transfers; and                               Commission amends its Caller
                                                   (3) Solutions to impediments to short                Identification (Caller ID) privacy rules to           Final Paperwork Reduction Act of 1995
                                                sea transportation projects designated.                 allow law enforcement and security                    Analysis
                                                § 393.6 America’s Marine Highway
                                                                                                        personnel, as directed by law                           This document contains modified
                                                Program Project grants.                                 enforcement, to obtain quick access to                information collection requirements.
                                                                                                        blocked Caller ID information needed to               The Commission, as part of its
                                                (a) How does MARAD administer the                       identify and thwart threatening callers.              continuing effort to reduce paperwork
                                                AMHP grant program?                                     The Commission exempts threatening                    burdens, will invite the general public
                                                   (1) The Associate Administrator for                  calls from blocked numbers from its                   to comment on the information
                                                Intermodal Systems Development                          caller privacy rules. Studies and reports             collection requirements contained in
                                                manages the program under the                           show a disturbing increase in                         Report and Order as required by the
                                                guidance and the immediate                              threatening calls in recent years. Many               Paperwork Reduction Act (PRA) of
                                                administrative direction of the Maritime                threatening calls come from blocked                   1995, Public Law 104–13. In addition,
                                                Administrator.                                          numbers. It directs carries that upon                 the Commission notes that, pursuant to
                                                                                                        report of such a threatening call by law              the Small Business Paperwork Relief
                                                   (2) MARAD establishes grant program
                                                                                                        enforcement on behalf of the threatened               Act of 2002, Public Law 107–198, 44
                                                priorities as reflected in its grant
                                                                                                        party, the carrier will provide any CPN               U.S.C. 3506(c)(4), the Commission
                                                opportunity announcements and, from
                                                                                                        of the calling party to law enforcement               previously sought comment on how the
                                                time-to-time, issues clarifying guidance
                                                                                                        and, as directed by law enforcement, to               Commission might ‘‘further reduce the
                                                documents through the MARAD Web
                                                                                                        security personnel for the called party               information burden for small business
                                                site and the Federal Register.
                                                                                                        for the purpose of identifying the party              concerns with fewer than 25
                                                   (3) The Administrator makes funding                  responsible for the threatening call. The             employees.’’
                                                recommendations to the Secretary, who                   Commission also amends its rules to
                                                has the authority to award grants.                      allow non-public emergency services to                Synopsis
                                                (b) How does MARAD make grant                           obtain blocked Caller ID information                    1. In Report and Order, the
                                                opportunities known?                                    associated with calls requesting                      Commission helps security and law
                                                                                                        assistance.                                           enforcement personnel obtain quick
                                                  (1) MARAD determines which grant                                                                            access to blocked Caller ID information
                                                opportunities it will offer, and                        DATES:  Effective January 2, 2018, except
                                                                                                        for 47 CFR 64.1601(d)(4)(ii) and (f),                 needed to identify and thwart
                                                establishes application deadlines and                                                                         threatening callers. It also amends its
                                                programmatic requirements when grant                    which contain new or modified
                                                                                                        information collection requirements that              rules to allow non-public emergency
                                                funds become available to the AMHP.                                                                           services to obtain blocked Caller ID
                                                  (2) The MARAD staff prepares Notice                   require review by the Office of
                                                                                                        Management and Budget (OMB) under                     information associated with calls
                                                of Funding Opportunity (NOFO)                                                                                 requesting assistance.
                                                announcements consisting of all                         the Paperwork Reduction Act (PRA),
                                                                                                                                                                2. The number of threatening phone
                                                information necessary to apply for each                 shall become effective 30 days after the
                                                                                                                                                              calls has increased dramatically in
                                                grant and publishes the announcement                    Commission’s publication of a
                                                                                                                                                              recent years. These calls traumatize
                                                in the Federal Register and on                          document in the Federal Register,
                                                                                                                                                              communities and result in substantial
                                                grants.gov.                                             which will announce approval by OMB
                                                                                                                                                              disruption to schools, religious
                                                                                                        under the PRA.
                                                (c) How may an applicant apply for an                                                                         organizations, and other entities. They
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      also drain public resources by requiring
                                                AMHP grant?                                             Nellie A. Foosaner, Consumer Policy                   the deployment of police and bomb
                                                  (1) Applicants may apply for a grant                  Division, Consumer and Governmental                   units. Schools and others receiving
                                                using grants.gov or, in connection with                 Affairs Bureau (CGB), at (202) 418–2925,              threats have suggested that blocked
                                                a Federal Register announcement, by                     email: Nellie.Foosaner@fcc.gov.                       Caller ID information hinders a rapid
                                                submitting the necessary information to                 SUPPLEMENTARY INFORMATION: This is a                  response. The Commission’s action
                                                the AMHP Office in electronic form.                     summary of the Commission’s Report                    moves away from case-by-case waivers
                                                  (2) [Reserved]                                        and Order, FCC 17–132, CC Docket No.                  to a streamlined approach that will help
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                                                                                                        91–281, adopted on October 24, 2017,                  protect the safety of threatened parties
                                                  By Order of the Maritime Administrator.
                                                                                                        and released on October 25, 2017. The                 in a timely way.
                                                  Dated: November 28, 2017.                             full text of this document will be
                                                T. Mitchell Hudson, Jr.,                                available for public inspection and                   Caller ID Exemption for Threatening
                                                Secretary, Maritime Administration.                     copying via ECFS, and during regular                  Calls
                                                [FR Doc. 2017–25897 Filed 11–30–17; 8:45 am]            business hours at the FCC Reference                     3. The Need for an Exemption. The
                                                BILLING CODE 4910–81–P                                  Information Center, Portals II, 445 12th              Commission Modifies its Caller ID rules


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Document Created: 2018-10-25 10:46:17
Document Modified: 2018-10-25 10:46:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule becomes effective on January 2, 2018.
ContactTim Pickering, Office of Marine Highways and Passenger Services, at (202) 366-0704, or via email at [email protected] You may send mail to Mr. Pickering at Office of Marine Highways and Passenger Services, 1200 New Jersey Avenue SE., Washington, DC 20590.
FR Citation82 FR 56902 
RIN Number2133-AB84

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