[Federal Register Volume 84, Number 212 (Friday, November 1, 2019)]
[Notices]
[Pages 58824-58829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23908]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD-2019-0183]
Renewal of the Voluntary Tanker Agreement Program; Agreement
Development Proposal
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Notice of availability; request for comments.
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SUMMARY: The Maritime Administration (MARAD) is developing a voluntary
agreement necessary to renew the Voluntary Tanker Agreement Program,
pursuant to the authority contained in Section 708 of the Defense
Production Act of 1950 (DPA), as amended. This notice invites comments
on the draft proposed Voluntary Tanker Agreement (VTA). The proposed
text is intended to replace the Agreement as it was last published in
Volume 73 of the Federal Register at page 51692 (September 4, 2008).
Because the proposed agreement will contain changes, both former and
new participants must submit a new application once the final text is
published. VTA applications are available from MARAD. The complete,
draft text of the VTA is published below. Copies of the draft text are
also available to the public upon request. MARAD will hold an open
meeting for the purpose of developing the final text of the VTA at its
headquarters located at 1200 New Jersey Avenue SE, Washington, DC
20590. MARAD will announce the open meeting by publication in the
Federal Register.
DATES: Comments must be received on or before December 2, 2019. MARAD
will consider comments filed after this date to the extent practicable.
ADDRESSES: You may submit comments identified by DOT Docket Number
MARAD-2019- 0183 any one of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Search MARAD-2019-0183 and follow the instructions
for submitting comments.
Mail or Hand Delivery: Docket Management Facility is in
the West Building, Ground Floor of the U.S. Department of
Transportation. The Docket Management Facility location address is:
U.S. Department of Transportation, MARAD-2019-0183, 1200 New Jersey
Avenue SE, West Building, Room W12-140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except on Federal holidays.
Note: If you mail or hand-deliver your comments, we recommend that
you include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
Instructions: All submissions received must include the agency name
and specific docket number. All comments received will be posted
without change to the docket at www.regulations.gov, including any
personal information provided. For detailed instructions on
[[Page 58825]]
submitting comments, see the section entitled Public Participation.
FOR FURTHER INFORMATION CONTACT: William G. McDonald, Director, Office
of Sealift Support, U.S. Department of Transportation, Maritime
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.
Telephone (202) 366-0688; Fax (202) 366-5904, or
[email protected].
SUPPLEMENTARY INFORMATION:
DRAFT Text of the Proposed Voluntary Tanker Agreement
Table of Contents
Preface
I. Purpose
II. Authorities
A. Maritime Administration
B. U.S. Transportation Command
III. General
A. Participation
B. Effective Date and Duration of Participation
C. Withdrawal From the Agreement
D. Rules and Regulations
E. Amendment of the Agreement
F. Administrative Expenses
G. Recordkeeping
H. Requisition of Ships of Non-Participants
I. Waivers
J. Temporary Replacement Vessel
IV. Antitrust Defense
V. Terms and Conditions
A. Agreement by Participants
B. Proportionate Contribution of Capacity
C. Reports of Controlled Tonnage
D. Freight Rates Under the Agreement
E. War Risk Insurance
VI. Activation of Agreement
A. Determination of Necessity
B. Tanker Requirements Committee
C. Tanker Charters
D. Termination of Charters Under the Agreement
VII. Application and Agreement
Preface
Pursuant to the authority contained in Section 708 of the Defense
Production Act of 1950 (DPA), as amended (50 U.S.C. 4558), the Maritime
Administrator (Administrator), after consultation with the Department
of Defense (DoD) and representatives of the tanker industry, has
developed this Voluntary Tanker Agreement (VTA). The Agreement
establishes the terms, conditions, and procedures under which
Participants agree voluntarily to make tankers available to DoD. The
Agreement further affords Participants defenses to civil and criminal
actions for violations of antitrust laws when carrying out the
Agreement. The Agreement is designed to create a close working
relationship among the Administrator, the Commander, U.S.
Transportation Command (the DoD-designated representative for purposes
of this Agreement), and the Participants through which DoD requirements
and the needs of the civil economy can be met through cooperative
action. The Agreement affords Participants flexibility to respond to
defense requirements and adjust their commercial operations to minimize
disruption whenever possible.
The Secretary of Defense (SecDef) has approved this Agreement as an
Emergency Preparedness Program (EPP) pursuant to 46 U.S.C. 53107.
This Agreement replaces the VTA that was published in Volume 73 of
the Federal Register at page 51692 (Sept. 4, 2008). Because this
replacement contains new substantive provisions, those wishing to
participate in the Agreement shall submit new applications.
Voluntary Tanker Agreement
I. Purpose
The Administrator has determined, in accordance with Section
708(c)(1) of the DPA, that conditions exist which may pose a direct
threat to the national defense of the United States or its preparedness
programs and, under the provisions of Section 708, has certified to the
Attorney General of the United States (Attorney General) that a standby
agreement for the utilization of tanker capacity is necessary for the
national defense. The Attorney General, in consultation with the
Chairman of the Federal Trade Commission (FTC), has issued a finding
that tanker capacity to meet national defense requirements cannot be
provided by the industry through a voluntary agreement having fewer
anticompetitive effects or without a voluntary agreement.
The purpose of the Agreement is to provide a responsive transition
from peace to contingency operations through procedures agreed upon in
advance to provide tanker capacity to support DoD contingency
requirements. The Agreement establishes procedures for the commitment
of tanker capacity to satisfy such requirements. The Agreement is
intended to promote and facilitate DoD's use of existing commercial
tanker resources in a manner which minimizes disruption to commercial
operations whenever possible.
The Agreement will change from standby to active status upon
activation by appropriate authority as described in Section VI.
II. Authorities
A. Maritime Administration (MARAD)
1. Section 708, DPA (50 U.S.C. 4558); 46 U.S.C. 53107; Executive
Order (E.O.) 13603, 77 FR 16651 (March 22, 2012); 49 CFR 1.93 (l).
2. Section 401 of E.O. 13603, delegated the authority of the
President under Section 708 of the DPA to the Secretary of
Transportation (SecTrans), among others. SecTrans delegated to the
Administrator the authority under which the Voluntary Tanker Agreement
is sponsored in 49 CFR 1.93(l).
B. U.S. Transportation Command (USTRANSCOM)
1. Sections 113, 161-169 of Title 10 of the United States Code.
2. DoD Directive 5158.4 designating Commander USTRANSCOM to provide
air, land, and sea transportation for the DoD.
III. General
A. Participation
1. Operators of tanker vessels greater than 20,000 deadweight tons
(DWT) may become Participants in this Agreement by submitting an
executed copy of the form specified in Section VII of this Agreement
that is approved by MARAD.
2. Operators of Integrated Tug-Barges (ITBs) and Articulated Tug-
Barges (ATBs) greater than 20,000 DWT may become Participants in this
Agreement by submitting an executed copy of the form specified in
Section VII of this Agreement that is approved by MARAD.
3. Operators of tankers or ITB and ATB vessels of less than 20,000
deadweight tons may also submit an application and become Participants
if such vessels are deemed to meet U.S. national security requirements
or the needs of MARAD and the U.S. Transportation Command, and MARAD
accepts the application.
4. For the purposes of this Agreement, ``Participant'' includes the
corporate entity entering into this Agreement and all United States
subsidiaries and affiliates of that entity which own or operate ships
in the course of their regular business and in which that entity has
more than fifty (50) percent control either by stock ownership or
otherwise.
5. A list of Participants will be published annually in the Federal
Register.
6. For the purposes of this Agreement, ``Operator'' shall mean a
person that either owns and controls an eligible vessel or that
charters and operates an eligible vessel through a demise charter that
transfers virtually all the rights and obligations of the vessel owner
to the demise charterer, such as that of crewing, supplying,
maintaining, insuring, and navigating the vessel.
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B. Effective Date and Duration of Participation
This Agreement is effective upon execution of the application form
(see Section VII below) by the Participant and the Administrator or
their authorized designees and shall remain in effect until terminated
in accordance with 44 CFR 332.4.
C. Withdrawal From the Agreement
Participants may withdraw from this Agreement, subject to the
fulfillment of obligations incurred under the Agreement prior to the
date such withdrawal becomes effective, by giving written notice to the
Administrator. Withdrawal from this Agreement will not deprive a
Participant of an antitrust defense otherwise available to it in
accordance with Section 708 of the DPA for the fulfillment of
obligations incurred prior to withdrawal.
D. Rules and Regulations
Participants acknowledge and agree to abide by all provisions of
Section 708 of the DPA, as amended, and regulations related thereto
which are promulgated by the SecTrans, the Attorney General, the FTC,
and the Federal Emergency Management Agency. Standards and procedures
pertaining to voluntary agreements have been promulgated in 44 CFR part
332. The Administrator shall inform Participants of new rules and
regulations as they are issued.
E. Amendment of the Agreement
1. The Attorney General may modify this Agreement, in writing,
after consultation with the Chairman of the FTC, SecTrans, through her
representative MARAD, and SecDef, through his representative, Commander
USTRANSCOM. The Administrator, Commander USTRANSCOM, and Participants
may modify this Agreement at any time by mutual agreement, but only in
writing with the approval of the Attorney General and the Chairman of
the FTC.
2. A Participant may propose amendments to the Agreement at any
time.
F. Administrative Expenses
Administrative and out-of-pocket expenses incurred by Participants
shall be borne solely by Participants.
G. Record Keeping
1. MARAD and the DoD have primary responsibility for maintaining
records in accordance with 44 CFR part 332.
2. The Director, Office of Sealift Support, MARAD, shall be the
official custodian of records related to the carrying out of this
Agreement, except records of direct dealings between the DoD and
Participants.
3. For direct dealings between the DoD and Participants, the
designee of the SecDef shall be the official custodian of records, but
the Director, Office of Sealift Support, MARAD shall have complete
access thereto.
4. In accordance with 44 CFR 332.3(d), each Participant shall
maintain for five years all minutes of meetings, transcripts, records,
documents, and other data, including any communications with other
Participants or with any other member of the industry, related to the
carrying out of this Agreement. Each Participant agrees to make
available to the Administrator, the Commander USTRANSCOM, the Attorney
General, and the Chairman of the FTC for inspection and copying at
reasonable times and upon reasonable notice any item that this section
requires the Participant to maintain. Any record maintained under this
section shall be available for public inspection and copying, unless
exempted on the grounds specified in 5 U.S.C. 552(b)(1), (3) or (4) or
identified as privileged and confidential information in accordance
with Section 705(e) of the DPA, as amended, and 44 CFR part 332.5.
H. Requisition of Ships of Non-Participants
The Administrator, upon Presidential authorization, may requisition
ships of non-Participants to supplement capacity made available for
defense operations under this Agreement and to balance the economic
burden of defense support among companies operating in U.S. trade. Non-
Participant owners of requisitioned tankers shall not participate in
the Tanker Requirements Committee and shall not enjoy the immunities
provided by this Agreement.
I. Waivers
In situations where the activation of the Agreement deprives a
Participant of all or a portion of its [U.S. coastwise qualified vessel
capacity] and, at the same time, creates a general shortage of U.S.
coastwise qualified vessel capacity on the market, the Administrator
may request that the Assistant Commissioner, Office of Regulations and
rulings, U.S. Customs and Border Protection, Department of Homeland
Security, grant a temporary waiver pursuant to section 501 of title 46,
to permit a Participant to charter or otherwise utilize non-U.S.
coastwise qualified vessel capacity. The capacity for which such
waivers are requested will be approximately equal to the U.S. coastwise
qualified vessel capacity chartered to the DoD. Any waiver that may be
granted pursuant to this paragraph shall be effective for the period
that the U.S. coastwise qualified vessel capacity is on charter to the
DoD plus a reasonable time for termination of the replacement capacity
charters as determined by the Administrator.
J. Temporary Replacement Vessel
Notwithstanding 10 U.S.C. 2631, 46 U.S.C. 55304, 55305, 55312 or
any other cargo preference law of the United States--
1. A Participant that is also a contractor under the Maritime
Security Program, 46 U.S.C. 53101, et seq., (MSP) may operate or employ
in foreign commerce a foreign-flag vessel or foreign-flag vessel
capacity as a temporary replacement for a United States-documented
vessel or United States-documented vessel capacity that is activated by
the SecDef under this Agreement.
2. Such replacement vessel or vessel capacity shall be eligible
during the replacement period to transport preference cargoes subject
to 10 U.S.C. 2631, and 46 U.S.C. 55304, 55305, or 55312 to the same
extent as the eligibility of the vessel or vessel capacity replaced.
IV. Antitrust Defense
Under the provisions of Subsection 708(j) of the DPA, each
Participant in this Agreement shall have available as a defense to any
civil or criminal action brought for violation of the antitrust laws
with respect to any act or omission to act to develop or carry out this
Agreement, that such act or omission to act was taken by the
Participant in the course of developing or carrying out this Agreement,
that the Participant fully complied with the provisions of the DPA and
the rules promulgated thereunder, and that the Participant acted in
accordance with the terms of this Agreement. This defense shall not be
available to the Participant for any act or omission occurring after
the termination of this Agreement, nor shall it be available, upon the
modification of this Agreement, with respect to any subsequent act or
omission that is beyond the scope of the modified Agreement, except
that no such termination or modification shall be accomplished in a way
that will deprive Participants of this antitrust defense for the
fulfillment of obligations incurred. This defense shall be available
only if and to the extent that the Participants asserting it
demonstrate that the action, which includes a discussion or agreement,
was within the scope of the Agreement. The person asserting the
[[Page 58827]]
defense bears the burden of proof. The defense shall not be available
if the person against whom it is asserted shows that the action was
taken for the purpose of violating the antitrust laws of the United
States.
V. Terms and Conditions
A. Agreement by Participants
1. Each Participant agrees to contribute tanker capacity as
requested by the Administrator in accordance with Section V. B. below
at such times and in such amounts as the Administrator, as requested by
DoD, shall determine to be necessary to meet the essential needs of the
DoD for the transportation of DoD petroleum and petroleum products in
bulk by sea.
2. Each Participant further agrees to make tankers and tanker
capacity available to other Participants when requested by the
Administrator, on the advice of the Tanker Requirements Committee, in
order to ensure that contributions to meet DoD requirements are made on
a proportionate basis whenever possible or to ensure that no
participating tanker operator is disproportionately hampered in meeting
the needs of the civil economy.
B. Proportionate Contribution of Capacity
1. Any entity receiving payments under the MSP shall become a
Participant with respect to all tankers enrolled in the MSP at all
times until the date the MSP operating agreement would have terminated
according to 46 U.S.C. 53104(a). Such participation shall satisfy the
requirement for an MSP participant to be enrolled in an emergency
preparedness program approved by SecDef as provided in 46 U.S.C. 53107.
2. Participants hereto not receiving MSP payments under the MSP,
agree to contribute tanker capacity under the Agreement in the
proportion that its ``controlled tonnage'' bears to the total
``controlled tonnage'' of all Participants. Because exact proportions
may not be feasible, each Participant agrees that variances are
permissible at the discretion of the Administrator.
3. ``Clean Tankers'' and ``Clean Tonnage'' shall mean tankers that
are inspected and approved by DLA Energy Quality Assurance
Representatives (QAR), capable of meeting DoD quality standards, and
able to carry refined petroleum products.
a. Chemical tankers and tankers in dirty trade may contribute Clean
Tanker capacity only after being certified as being able to meet DoD
quality standards to carry refined petroleum products to meet DoD
requirements.
4. ``Controlled Tonnage'' shall mean tankers, ITBs, and ATBs of
over 20,000 DWT capacity, which are:
a. Militarily useful in the transportation of refined DoD cargoes
pursuant to the requirements of associated warplans;
b. Vessels in which, as of the effective date of the activation of
this Agreement, the Participant or any of its U.S. subsidiaries or
affiliates has a controlling interest and which are registered in any
of the following countries: The United States, Liberia, Panama,
Honduras, the Bahamas, or the Marshall Islands; and shall include:
i. Vessels on charter or under contract to such Participant for a
period of six (6) months or more from the effective date of activation
of the Agreement, regardless of flag of registry, exclusive of tonnage
available to the Participant under contracts of affreightment and
consecutive voyage charter; provided that, in the event an owner of a
vessel terminates a time charter in accordance with a war clause, the
affected tonnage will be excluded from the chartering Participant's
Controlled Tonnage; and
ii. Any other non-U.S.-flag tonnage which a Participant may offer
to designate as Controlled Tonnage and which the Tanker Requirements
Committee accepts;
c. And shall not include:
i. Tankers described in subparagraph b. which are chartered out or
under contract to others for a remaining period of six (6) months or
more from the effective date of activation of this Agreement; or
ii. Certain vessels which are fitted with special gear and are on
permanent station for the storage of crude oil from a production
platform and vessels which may have a dual role of production storage
and transportation use to a limited location.
5. This Agreement shall not be deemed to commit any vessel with
respect to which the law of the country of registration requires the
approval of the government before entering into this Agreement of
furnishing such vessel under the terms of this Agreement until such
time as the required approval has been obtained.
6. The obligations of Participants to contribute Clean Tanker
capacity under the Agreement shall be calculated on a proportionate
basis wherever possible among the Participants by the Tanker
Requirements Committee.
7. A vessel on charter to a Participant shall not be subject to a
relet to the DoD in the case where the period of the relet would be
longer than the term of the Participant's charter or in the case where
the relet would otherwise breach the terms of the charter, but such
tonnage shall be included in the calculation of the Participant's
Controlled Tonnage.
8. The Administrator retains the right under law to requisition
ships of Participants. A Participant's ships which are directly
requisitioned by the U.S. Government or which are called up pursuant to
other U.S. Government voluntary arrangements shall be credited against
the Participant's proportionate contribution under this Agreement.
Ships on charter to the DoD when this Agreement is activated shall not
be so credited.
C. Reports of Controlled Tonnage
Twice annually, or upon request of the Administrator and in such
form as may be requested, each Participant shall submit information as
to ``controlled tonnage'' necessary for the carrying out of this
Agreement. Information which a Participant identifies as privileged and
confidential shall be withheld from public disclosure in accordance
with Sections 708(h)(3) (50 U.S.C. 4558) and 705(e) (50 U.S.C. 4555) of
the DPA, as amended, and 44 CFR part 332.5.
D. Freight Rates Under the Agreement
1. The rate of charter hire applicable to each charter under this
Agreement shall be the ``prevailing market rate'' effective at the time
of the proposed loading of the vessel. The ``prevailing market rate''
shall be determined by the Military Sealift Command (MSC) Contracting
Officer utilizing the price analysis techniques set forth in FAR Part
15.4 to determine that the negotiated rates are fair and reasonable,
utilizing market or previous contract prices. Time charter hire rates,
for either U.S. or foreign-flag tankers, shall be expressed in terms of
a per diem rate(s).
2. The rate of charter hire fixed with respect to each charter
shall apply for the entire period of the charter, except that:
a. For a consecutive voyage charter, the rate of charter shall be
increased or decreased to reflect increases or decreases in the price
of bunker fuel applicable in the area of the vessel's trade; and
b. Reimbursement for increased war risk insurance premiums will be
made in accordance with Section V.E.
E. War Risk Insurance
1. Increased War risk insurance premiums for time chartered vessels
will be paid by DoD, or MARAD war risk insurance policies will be
implemented.
2. For voyage and consecutive voyage charters, the Participant
shall be
[[Page 58828]]
reimbursed for increases in war risk insurance premiums that are
applicable to the actual voyage but are announced after the charter
rate is established by the broker panel.
3. For any ship chartered under this Agreement, the SecDef may
procure from the SecTrans war risk insurance on hull and machinery, war
risk protection and indemnity insurance, and Second Seaman's War Risk
Insurance, subject to 46 U.S.C. 53905.
VI. Activation of the Agreement
A. Determination of Necessity
This Agreement may be activated at the request of the Commander
USTRANSCOM, with the approval of SecDef, to support Contingency
operations when there is a tanker capacity emergency. A tanker capacity
emergency shall be deemed to exist when the Commander USTRANSCOM finds
that tanker capacity required to support operations of U.S. forces
outside the continental United States cannot be supplied through the
commercial tanker charter market in accordance with applicable laws and
regulations or other voluntary arrangements. The Administrator shall
notify the Attorney General and the Chairman of the FTC when such a
finding is made.
B. Tanker Requirements Committee
1. There is established a Tanker Requirements Committee (the
``Committee'') to provide USTRANSCOM, MARAD, and Participants a forum
to:
a. Analyze DoD Contingency tanker requirements;
b. Identify commercial tanker capacity that may be used to meet DoD
requirements related to Contingencies and, as requested by USTRANSCOM,
exercises and special movements;
c. Develop and recommend Concepts of Operations (CONOPS) to meet
DoD-approved Contingency requirements and, as requested by USTRANSCOM,
exercises and special movements; and
d. Advise the Administrator on the tanker capacity that each
Participant controls which is capable of meeting Contingency
requirements.
2. The Committee will be co-chaired by MARAD and USTRANSCOM and
will convene as jointly determined by the co-chairs.
3. The Committee will not be used for contract negotiations and/or
contract discussions between carriers and DoD; such negotiations and/or
discussions will be in accordance with applicable DoD contracting
policies and procedures.
4. The Committee will consist of designated representatives from
MARAD, USTRANSCOM, to include Military Sealift Command, Defense
Logistics Agency-Energy, each Participant, and maritime labor. Other
attendees may be invited at the discretion of the co-chairs.
Representatives will provide technical advice and support to ensure
maximum coordination, efficiency, and effectiveness in the use of
Participants' resources. All Participants will be invited to open
Committee meetings. For selected Committee meetings, attendance may be
limited to designated Participants to meet specific operational
requirements.
5. The Committee co-chairs shall:
a. Notify the Attorney General, the Chairman of the FTC, and all
Participants of the time, place, and nature of each meeting and of the
proposed agenda of each meeting to be held to carry out this Agreement;
b. Provide for publication in the Federal Register of a notice of
the time, place, and nature of each meeting. If a meeting is open, a
Federal Register notice will be published reasonably in advance of the
meeting. If a meeting is closed, a Federal Register notice will be
published within ten (10) days of the meeting and will include the
reasons why the meeting is closed;
c. Establish the agenda for each meeting and be responsible for
adherence to the agenda;
d. Provide for a written summary or other record of each meeting
and provide copies of transcripts or other records to the Attorney
General, the Chairman of the FTC, and all Participants; and
e. Take necessary actions to protect from public disclosure any
data discussed with or obtained from Participants which a Participant
has identified as privileged and confidential in accordance with
Sections 708(h)(3) and 705(e) of the DPA, as amended, or which
qualifies for withholding under 44 CFR part 332.5.
C. Tanker Charters
MSC, as designated by USTRANSCOM, will deal directly with tanker
operators in the making of charter parties and other arrangements to
meet the defense requirement, keeping the Administrator informed. To
reduce risk to owners and to control cost to the government, all
government charters shall be time charters, unless specifically
designated as voyage charters by the Contracting Officer. If vessels
are chartered between Participants, Participants shall keep the
Administrator informed. The Administrator shall keep the Attorney
General and the Chairman of the FTC informed of the actions taken under
this Agreement.
D. Termination of Charters Under the Agreement
MSC, as the contracting officer, shall notify the Administrator as
far as possible in advance of the prospective termination of the need
for tanker capacity under this Agreement.
VII. Application and Agreement
The Administrator has adopted and makes available a form on which
tanker operators may apply for and become Participants in this
Agreement (``Application and Agreement to Participate in the Voluntary
Tanker Agreement''). The form shall incorporate by reference the terms
of this Agreement.
Application and Agreement To Participate in the Voluntary Tanker
Agreement
The applicant identified below hereby applies to participate in the
Maritime Administration's agreement entitled ``Voluntary Tanker
Agreement.'' The text of said Agreement is published in __ Federal
Register ___, ___, 2018. This Agreement is authorized under Section 708
of the Defense Production Act of 1950, as amended. Regulations
governing this Agreement appear at 44 CFR part 332 and as reflected at
49 CFR 1.93(l).
The applicant, if selected, hereby acknowledges and agrees to the
incorporation by reference into this Application and Agreement of the
entire text of the Voluntary Tanker Agreement published in __ Federal
Register ___, ___, 2019, as though said text were physically recited
herein.
The applicant, as Participant, agrees to comply with the provisions
of Section 708 of the Defense Production Act of 1950, as amended, the
regulations of 44 CFR part 332 and as reflected at 49 CFR 1.93(l), and
the terms of the Voluntary Tanker Agreement. Further, the applicant, if
selected as a Participant, hereby agrees to contractually commit to
make vessels or capacity available for use by the Department of Defense
and to other Participants for the purpose of meeting national defense
requirements.
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(Corporate Secretary)
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(Applicant-Corporate Name)
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(Name, please print)
(CORPORATE SEAL or Notary)
By:--------------------------------------------------------------------
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(Signature)
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(Position Title, please print)
Effective Date:--------------------------------------------------------
UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION MARITIME
ADMINISTRATION
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(MARAD Secretary)
By:--------------------------------------------------------------------
Maritime Administrator
(SEAL)
* * * * *
Public Participation
How do I submit comments?
Please submit your comments, including the attachments, following
the instructions provided under the above heading entitled ADDRESSES.
Be advised that it may take a few hours or even days for your comment
to be reflected on the docket. In addition, your comments must be
written in English. We encourage you to provide concise comments and
you may attach additional documents as necessary. There is no limit on
the length of the attachments.
Please note that even after the comment period has closed, MARAD
will continue to file relevant information in the Docket as it becomes
available.
Where do I go to read public comments, and find supporting information?
Go to the docket online at http://www.regulations.gov, keyword
search MARAD-2019-0183 or visit us in person at the Docket Management
Facility (see ADDRESSES for hours of operation). We recommend that you
periodically check the Docket for new submissions and supporting
material.
Will my comments be made available to the public?
Yes. Be aware that your entire comment, including your personal
identifying information, will be made publicly available.
May I submit comments confidentially?
If you wish to submit comments under a claim of confidentiality,
you should submit three copies of your complete submission, including
the information you claim to be confidential business information, to
the Department of Transportation, Maritime Administration, Office of
Legislation and Regulations, MAR-225, W24-302, 1200 New Jersey Avenue
SE, Washington, DC 20590. Include a cover letter setting forth with
specificity the basis for any such claim and, if possible, a summary of
your submission that can be made available to the public.
Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to www.regulations.gov, as described in the
system of records notice, DOT/ALL-14 FDMS, accessible through
www.dot.gov/privacy. To facilitate comment tracking and response, we
encourage commenters to provide their name, or the name of their
organization; however, submission of names is completely optional.
Whether or not commenters identify themselves, all timely comments will
be fully considered. If you wish to provide comments containing
proprietary or confidential information, please contact the agency for
alternate submission instructions.
Authority: 50 U.S.C. 4558, 49 CFR 1.93(a) and (l), 44 CFR 332.
* * * * *
Dated: October 29, 2019.
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2019-23908 Filed 10-31-19; 8:45 am]
BILLING CODE 4910-81-P