Marine equipment transfer to ship operators and shipyards; CFR part removed,

[Federal Register: May 27, 1998 (Volume 63, Number 101)]

[Rules and Regulations]

[Page 28911-28912]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr27my98-9]

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 360

[Docket No. MARAD-1998-3865]

RIN 2133--AB34 (FINAL)

Transfer of Marine Equipment to Ship Operators and Shipyards; Removal of Obsolete Regulations

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule.

SUMMARY: The Maritime Administration (MARAD) is removing as obsolete its regulations relating to the transfer of marine equipment to ship operators and shipyards.

EFFECTIVE DATE: May 27, 1998.

FOR FURTHER INFORMATION CONTACT: Eugene Magee, Chief, Division of Reserve Fleet, Maritime Administration, 400 Seventh St, S.W., Room 2112, Tel. (202) 366-5752.

SUPPLEMENTARY INFORMATION: 46 CFR part 360 prescribes regulations for the transfer by MARAD of marine equipment on board vessels in the National Defense Reserve Fleet (NDRF) to operators of U.S.-flag merchant ships and to shipyards for the construction or repair of U.S.- flag merchant ships, on the basis of replacement at the earliest possible date.

The provisions contained in 46 CFR part 360 have been in effect over 25 years, and MARAD has found that such marine equipment on board NDRF vessels, which average 42 years in age, is now commercially obsolete and cannot be used by current U.S.-flag merchant ships. However, such equipment may be needed to support inactive ships in MARAD's Ready Reserve Force Fleet or other retention ships in the NDRF and therefore should be retained.

Accordingly, the subject transfer regulation serves no useful purpose, and MARAD is hereby removing 46 CFR Part 360 as obsolete in this final rule.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review)

This rulemaking is not considered to be an economically significant regulatory action under section 3(f) of Executive Order 12866. Also, it is not a major rule under Pub. L. 104-121, 5 U.S.C. 804, or a significant rule under the Department's Regulatory Policies and Procedures. Accordingly, it has not been reviewed by the Office of Management and Budget.

MARAD has determined that this rulemaking presents no substantive issue which it could reasonably expect to produce meaningful public comment since it is merely removing obsolete regulations. Accordingly, MARAD has determined that the notice and public comment procedure otherwise required by the Administrative Procedure Act, 5 U.S.C. 553(c), is unnecessary and good cause exists, pursuant to 5 U.S.C. 553(d)(3), to make the changes effective upon publication.

Federalism

The Maritime Administration has analyzed this rulemaking in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that these regulations do not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Regulatory Flexibility Act

The Maritime Administration certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities. 46 CFR Part 360 is being removed as obsolete, as it currently serves no useful purpose.

Environmental Assessment

The Maritime Administration has considered the environmental impact on this rulemaking and has concluded that an environmental impact statement is not required under the National Environmental Policy Act of 1969.

Paperwork Reduction Act

This rulemaking contains no reporting requirement that is subject to OMB approval under 5 CFR Part 320,

[[Page 28912]]

pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501, et seq.).

List of Subjects in 46 CFR Part 360

Government property, Maritime carriers.

PART 360--[REMOVED]

Accordingly, under the authority of 46 App. U.S.C. 1114(b), 46 CFR part 360 is hereby removed in its entirety.

Dated: May 20, 1998.

By Order of the Maritime Administrator. Joel C. Richard, Secretary, Maritime Administration.

[FR Doc. 98-13878Filed5-26-98; 8:45 am]

BILLING CODE 4910-81-P