How Best to Evidence Corporate Citizenship: Policy and Regulatory Review

Federal Register, Volume 84 Issue 84 (Wednesday, May 1, 2019)
[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Proposed Rules]
[Pages 18468-18469]
From the Federal Register Online via the Government Publishing Office []
[FR Doc No: 2019-08859]
Maritime Administration
46 CFR Part 355
[Docket No. MARAD-2019-0069]
RIN 2133-AB90
How Best to Evidence Corporate Citizenship: Policy and Regulatory
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Advance notice of proposed rulemaking (ANPRM), request for
SUMMARY: The Maritime Administration (MARAD) is publishing this notice
to solicit public comment on steps MARAD could take to simplify and/or
modernize the process for evidencing United States citizenship of
corporations and other entities participating in MARAD programs. To be
eligible to participate in various MARAD programs and activities,
applicants and interested parties must demonstrate at least a majority
of ownership and control by United States citizens at each tier of
ownership. MARAD is not considering any changes to that standard, but
to the types of documents or evidence applicants provide to MARAD.
DATES: Comments must be received on or before July 1, 2019. MARAD will
consider comments filed after this date to the extent practicable.
ADDRESSES: You may submit comments identified by DOT Docket Number
MARAD-2019-0069 by any one of the following methods:
     Federal eRulemaking Portal: Go to Search MARAD-2019-0069 and follow the instructions
for submitting comments.
     Email: [email protected]. Include MARAD-2019-0069
in the subject line of the message and provide your comments in the
body of the email or as an attachment.
     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-2019-0069, 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, including any
personal information provided. For detailed instructions on submitting
comments, see the section entitled Public Participation.
FOR FURTHER INFORMATION CONTACT: T. Mitchell Hudson, Jr., Office of
Chief Counsel, Division of Legislation and Regulations, (202) 366-9373
or via email at [email protected]. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above
individual during business hours. The FIRS is available twenty-four
hours a day, seven days a week, to leave a message or question. You
will receive a reply during normal business hours. You may send mail to
Department of Transportation, Maritime Administration, Office of Chief
Counsel, Division of Legislation and Regulations, W24-220, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
    Improvement of regulations is a continuous focus for the Department
of Transportation (DOT) and MARAD. For that reason, DOT/MARAD regularly
[[Page 18469]]
deliberately review their rules in accordance with DOT's 1979
Regulatory Policies and Procedures (44 FR 11034), Executive Order
(E.O.) 12866, E.O. 13563, and section 610 of the Regulatory Flexibility
Act. That process is summarized in Appendix D of DOT's semi-annual
regulatory agenda (e.g., 81 FR 94784). In E.O. 13771 and E.O. 13777,
President Trump directed agencies to further scrutinize their
regulations. Comments received will inform the review described in this
notice and supplement MARAD's periodic regulatory review and its
activities under E.O. 13771 and E.O. 13777. This request for comments
is narrowly focused on improving and modernizing MARAD's program
    Accordingly, MARAD has identified its regulations at 46 CFR part
355 governing requirements for evidencing United States citizenship for
consideration consistent with the President's direction. This notice
seeks to solicit comments to ensure that MARAD's programs remain
effective, modern, and the least burdensome to the public. As part of
our review, MARAD is issuing this notice to engage the public and the
broad spectrum of stakeholders that may be affected. Information
received will be used to evaluate the issues and determine whether to
propose a change in how corporations evidence their citizenship.
    Citizenship eligibility criteria and documentation requirements may
affect stakeholders who participate, directly or indirectly, in MARAD
programs and activities, including ship managers and agents of MARAD-
owned ships (herein collectively referred to as ``Vessel Operators'')
which may be used by the Department of Defense (DOD) in support of
certain DOD-controlled activities. For example, Vessel Operators are
required by regulation to be at least majority owned and controlled by
United States citizens at each tier of ownership.
Scope of Comments
    MARAD is interested in learning how it could reduce or remove
regulatory burdens on the public. Accordingly, commenters may want to
focus on the following: (1) Recognition of modern business forms in
addition to corporations (e.g., limited liability companies and limited
partnerships) and modern securities ownership practices (e.g., street
name securities); (2) aligning with current best business practices;
(3) reducing the cost of compliance; and (4) revising the corporate
citizenship affidavit.
Content of Comments
    We are interested in information on how any changes to 46 CFR part
355 could impact small businesses, either positively or negatively. In
describing a burden placed on your organization by our regulations or
potential changes to the regulations, direct experience and
quantifiable data are more useful than anecdotal descriptions. If the
commenter believes that there is a less burdensome alternative, the
commenter should describe that alternative in verifiable detail.
    Under this notice, MARAD is not soliciting petitions for
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
Where do I go to read public comments and find supporting information?
    Go to the docket online at, keyword
search MARAD-2019-0069 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
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, W24-220, 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, as described in the
system of records notice, DOT/ALL-14 FDMS, accessible through 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: 49 CFR Sections 1.92 and 1.93)
* * * * *
    Dated: April 26, 2019.
    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2019-08859 Filed 4-30-19; 8:45 am]