46 CFR Part 393

46 CFR_393_Supplementary.pdf

America's Marine Highway Program

46 CFR Part 393

OMB: 2133-0541

Document [pdf]
Download: pdf | pdf
Pt. 393

46 CFR Ch. II (10–1–09 Edition)

(iii) Which the person maintaining
the fund agrees with the Secretary of
Transportation will be operated in the
U.S. foreign, Great Lakes, or noncontiguous domestic trade or in the
fisheries of the United States.
(3) The term agreement vessel means
any eligible vessel or qualified vessel
which is subject to an agreement entered into under section 607 of the Act.
(4) The term vessel includes cargo
handling equipment which the Secretary of Transportation determines is
intended for use primarily on the vessel. The term vessel also includes an
ocean-going towing vessel or an oceangoing barge or comparable towing vessel or barge operated in the Great
Lakes.
(b) Insofar as the computation and
collection of taxes are concerned, other
terms used in the regulation in this
part, except as otherwise provided in
the Act or this part, have the same
meaning as in the Code and the regulations thereunder.
[29 FR 10464, July 28, 1964]

PART 392 [RESERVED]
PART 393—AMERICA’S MARINE
HIGHWAY PROGRAM
Sec.
393.1 Purpose.
393.2 Definitions.
393.3 Marine Highway Corridors.
393.4 Marine Highway Projects.
393.5 Incentives, Impediments and Solutions.
393.6 Research on Marine Highway Transportation.
APPENDIX TO PART 393—CRITERIA FOR INITIAL
OF
MARINE
HIGHWAY
ASSESSMENT
PROJECT APPLICATIONS.
AUTHORITY: Energy Independence and Security Act of 2007, Sections 1121, 1122, and
1123 of Public Law 110–140, approved December 19, 2007 (121 STAT. 1492).
SOURCE: 73 FR 59532, Oct. 9, 2008, unless
otherwise noted.

erowe on DSK5CLS3C1PROD with CFR

§ 393.1

Purpose.

(a) This part prescribes interim regulations establishing a short sea transportation program as set forth in the
Energy Independence and Security Act
of 2007 (Sections 1121, 1122, and 1123 of

Pub. L. 110–140, approved December 19,
2007 (121 Stat. 1492)).
(b) The purpose of America’s Marine
Highway Program is described in Section 1121. Section 1121 states that
‘‘[t]he Secretary shall designate short
sea transportation routes as extensions
of the surface transportation system to
focus public and private efforts to use
the waterways to relieve landside congestion along coastal corridors.’’ America’s Marine Highway Program consists
of four primary components:
(1) Marine Highway Corridor Designations: This regulation establishes the
goals and methods by which specific
Marine Highway Corridors will be identified and designated by the Secretary
of Transportation. The purpose of designating Marine Highway Corridors is
to integrate America’s Marine Highway into the surface transportation
system. The Marine Highway Corridors
will serve as extensions of the surface
transportation system and consist of
the navigable coastal, inland, and intracoastal waters of the United States,
to support the movement of passengers
and cargo between U.S. ports, or between U.S. ports and unloaded either
at a port in Canada located in the
Great Lakes Saint Lawrence Seaway
System; or loaded at a port in Canada
located in the Great Lakes Saint Lawrence Seaway System and unloaded at
a port in the United States, relieving
landside congestion. America’s Marine
Highway Program will encourage the
development of multi-jurisdictional
coalitions and focus public and private
efforts and investment on shifting
freight and passengers from congested
roads and rail lines to effectively utilize Marine Highway Corridors.
(2) Marine Highway Project Designations: This regulation establishes the
goals and methods by which specific
Marine Highway Projects will be identified and designated by the Secretary
of Transportation. The purpose is to
mitigate landside congestion by designating projects that, if successfully
started, expanded, or otherwise enhanced, would provide the greatest
benefit to the public in terms of congestion relief, improved air quality, reduced energy consumption, infrastructure construction and maintenance
savings, improved safety, and long-

440

VerDate Nov<24>2008

10:24 Nov 06, 2009

Jkt 217198

PO 00000

Frm 00450

Fmt 8010

Sfmt 8010

Y:\SGML\217198.XXX

217198

Maritime Administration, DOT

§ 393.2

erowe on DSK5CLS3C1PROD with CFR

term economic viability. Designated
Marine Highway Projects may receive
direct support from the Department of
Transportation as described in this section.
(3) Incentives, Impediments and Solutions: This section outlines how the Department of Transportation, in partnership with public and private entities, will identify potential incentives,
seek solutions to impediments to encourage utilization of America’s Marine Highway and incorporate it, including ferries, in State and regional
transportation planning.
(4) Research: This section describes
the research that the Department of
Transportation, working with the Environmental Protection Agency, will
conduct to support America’s Marine
Highway, within the limitations of
available resources, and to encourage
multi-state planning. Research would
include environmental and transportation impacts (benefits and costs),
technology, vessel design, and solutions to impediments to the Marine
Highway.
(c) In addition, vessels engaged in
Marine Highway operations are qualified for Capital Construction Fund
(CCF) benefits. This program was created to assist owners and operators of
U.S.-flag vessels in accumulating the
capital necessary for the modernization and expansion of the U.S. merchant marine by encouraging construction, reconstruction, or acquisition of
vessels through the deferment of Federal income taxes on certain deposits
of money placed into a CCF.
§ 393.2 Definitions.
For the purposes of this part:
Administrator. The Maritime Administrator, U.S. Maritime Administration, U.S. DOT, who will be authorized
by the Secretary of Transportation to
administer America’s Marine Highway
Program.
Applicant. An entity that applies for
designation of a Marine Highway Corridor or Project under this regulation.
Coastwise Shipping Laws. Laws, including the Jones Act, as set forth in
Chapter 551 of Title 46, United States
Code.
Corridor Sponsor. An entity that recommends a Corridor for designation as

a Marine Highway. Corridor sponsors
must be public entities, including but
not limited to, Metropolitan Planning
Organizations, State governments (including Departments of Transportation) and port authorities, who may
submit recommendations for designation as a Marine Highway Corridor.
Domestic Trade. Trade between points
in the United States.
Lift-on/Lift-off (LO/LO) Vessel. A vessel of which the loading and discharging operations are carried out by
cranes and derricks.
Marine Highway Corridor. A short sea
transportation route that serves as an
extension of the surface transportation
system to relieve landside congestion
along the highway corridor. It is one or
more navigable waterways that, if used
to transport freight or passengers,
would provide measurable benefits to a
surface transportation route in terms
of reduced congestion, energy savings,
reduced emissions, improved safety,
and/or reduced infrastructure costs.
Marine Highway (or Short Sea Transportation). The carriage by vessel of
passengers and/or cargo that is loaded
at a port in the United States and unloaded either at another port in the
United States, or that is loaded at a
port in the United States and unloaded
at a port in Canada located in the
Great Lakes Saint Lawrence Seaway
System; or loaded at a port in Canada
located in the Great Lakes Saint Lawrence Seaway System and unloaded at
a port in the United States.
Project Sponsor. Project sponsors
must be public entities, including but
not limited to, Metropolitan Planning
Organizations, state governments (including State Departments of Transportation) and port authorities, who
may submit applications for designation as a Marine Highway Project.
Roll-on/Roll-off (RO/RO) Vessel. Any
vessel that has ramps allowing cargo to
be loaded and discharged by means of
wheeled vehicles so that cranes are not
required.
Secretary. The Secretary of Transportation.
United States Documented Vessel. A
vessel documented under 46 U.S.C.
Chapter 121.

441

VerDate Nov<24>2008

10:24 Nov 06, 2009

Jkt 217198

PO 00000

Frm 00451

Fmt 8010

Sfmt 8010

Y:\SGML\217198.XXX

217198

erowe on DSK5CLS3C1PROD with CFR

§ 393.3

46 CFR Ch. II (10–1–09 Edition)

§ 393.3 Marine Highway Corridors.
(a) Summary. The purpose of this section is to designate specific routes as
Marine Highway Corridors. Corridors
will be established by the Maritime Administrator. The goal of this designation process is to accelerate the development of multi-State and multi-jurisdictional Marine Highway Corridors to
relieve landside congestion along highway and railroad corridors. Designation will encourage public/private partnerships, and help focus investment on
those Marine Highway Corridors that
offer the maximum potential public
benefit in congestion reduction, energy
efficiency, emissions reduction and
other categories. Navigable waterways
that parallel Corridors already designated as ‘‘Corridors of the Future’’
under DOT’s National Strategy to Reduce Congestion will be fast-tracked
for designation as Marine Highway
Corridors.
(b) Objectives. The primary objectives
of the designation of Marine Highway
Corridors are to:
(1) Establish Marine Highway Corridors as ‘‘extensions of the surface
transportation system’’ as provided by
Section 1121 of the Energy Independence and Security Act of 2007.
(2) Develop multi-jurisdictional coalitions that focus public and private efforts to use the waterways to relieve
landside congestion along freight and
passenger Corridors.
(3) Obtain public benefit by shifting
freight and passengers in measurable
terms from congested highway and
railroad routes to Marine Highway Corridors. Benefits, while primarily aimed
at reducing congestion, can also include air quality and emissions improvements, reduced energy consumption, improved freight reliability and
enhanced safety.
(4) Identify potential savings that
could be realized by providing an alternative to surface transportation infrastructure construction and maintenance.
(c) Designation of Marine Corridors.
The Department of Transportation will
solicit recommendations for designation of specific routes as Marine Highway Corridors. Recommendations will
be accepted from Corridor sponsors.
Corridor sponsors must be public enti-

ties, including but not limited to, Metropolitan
Planning
Organizations,
state governments (including State Departments of Transportation) and port
authorities. When responding to specific solicitations for Marine Highway
Corridors by the Secretary of Transportation, the following information
will be required:
(1) Physical Description of Proposed
Marine Highway Corridor: The recommendation should describe the proposed Marine Highway Corridor, and
its connection to existing or planned
transportation
infrastructure
and
intermodal facilities. Include key navigational factors such as available
draft, channel width, bridge or lock
clearance and identify if they could
limit service.
(2) Surface Transportation Corridor
Served: Provide a summary of the surface transportation Corridor that the
Marine Highway would benefit. Include
a description of the Corridor, its primary users, the nature, locations and
occurrence of congestion, urban areas
affected, and other geographic or jurisdictional issues that impact its overall
operation and performance.
(3) Involved Parties: Provide the organizational structure of parties recommending the Corridor 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 that have been engaged and
the extent to which they support the
corridor designation.
(4) Passengers and Freight: Identify
number of likely passengers and/or
quantity of freight that are candidates
for shifting to the proposed Marine
Highway Corridor. If known, include
specific shippers, manufacturers, distributors or other entities that could
benefit from a Marine Highway alternative, and the extent to which these
entities have been engaged.
(5) Congestion Reduction: Describe extent to which the proposed Corridor
could relieve landside congestion in
measurable terms. Include any known
offsetting infrastructure savings (either construction or maintenance) that
would result from the project.

442

VerDate Nov<24>2008

10:24 Nov 06, 2009

Jkt 217198

PO 00000

Frm 00452

Fmt 8010

Sfmt 8010

Y:\SGML\217198.XXX

217198

erowe on DSK5CLS3C1PROD with CFR

Maritime Administration, DOT

§ 393.4

(6) Public environmental, energy or
safety benefits: The recommendation
should provide, if known, the savings
over status quo in fuel, emissions, or
safety improvements that could be derived from shifting some capacity to
the proposed Marine Highway Corridor.
It should also consider the implications
future growth may have on the proposal and include any affiliations with
environmental advocacy groups or
community groups that support the
Corridor designation.
(7) Impediments: Describe known or
anticipated obstacles to shifting capacity to the proposed Marine Highway
Corridor. Include any strategies, either
in place or proposed, to deal with the
impediments.
(d) Action by the Department of Transportation. All Marine Highway Corridor
designation recommendations will be
evaluated based upon the preceding criteria. An announcement of waterways
designated as Marine Highway Corridors will appear in the FEDERAL REGISTER. In certain cases the Secretary of
Transportation may designate a Marine Highway Corridor without receipt
of a recommendation. The Department
of Transportation will coordinate with
Corridor sponsors to identify the most
appropriate actions to support the Corridors. Support could include any of
the following, as appropriate and within agency resources:
(1) Promote the Corridor with appropriate governmental, State and local
transportation planners, private sector
entities or other decision-makers.
(2) Coordinate with ports, State Departments of Transportation, Metropolitan Planning Organizations, localities, other public agencies and the private sector to support the designated
corridor. Efforts can be aimed at obtaining access to land or terminals, developing landside facilities and infrastructure, and working with regional,
State or local governmental entities to
remove barriers to self-supporting operations.
(3) Pursue memorandums of agreement with other federal entities to
transport federally owned or generated
cargo using waterborne transportation
along the Marine Highway Corridor,
when practical or available.

(4) Assist with collection and dissemination of data for the designation
and delineation of Marine Highway
Corridors as available resources permit.
(5) Work with Federal entities and
state and local governments to include
designated Corridors in transportation
planning.
(6) Bring specific impediments to the
attention of the Marine Highway Advisory Board.
(7) Conduct research on issues specific to designated Corridors as available resources permit.
(8) Communicate with designated
Corridor coalitions to provide ongoing
support and identify lessons learned
and best practices for the overall Marine Highway program.
(9) Collect data and disseminate data
for the designation and delineation of
short sea transportation routes.
§ 393.4

Marine Highway Projects.

(a) Summary. The purpose of this section is to designate specific Marine
Highway Projects to mitigate landside
congestion. The goal is to identify
Projects that, if successfully started,
expanded, or otherwise enhanced,
would provide the greatest benefit to
the public. Public benefits to be considered include road and railroad congestion relief (particularly in urban areas
and along corridors with national significance), reduced emissions or energy
consumption, infrastructure construction and maintenance savings, improved safety, and long-term economic
viability. Designation can help focus
public and private investment on preidentified projects that offer the maximum potential public benefit. Designated Marine Highway Projects may
receive support from the Department
of Transportation as described in this
section.
(b) Objectives. The primary objectives
of the designation of Marine Highway
Projects are:
(1) Reduce landside congestion.
(2) Identify proposed services that
represent the greatest public benefit as
measured in congestion relief, energy
savings, reduced emissions and improved safety.

443

VerDate Nov<24>2008

10:24 Nov 06, 2009

Jkt 217198

PO 00000

Frm 00453

Fmt 8010

Sfmt 8010

Y:\SGML\217198.XXX

217198

erowe on DSK5CLS3C1PROD with CFR

§ 393.4

46 CFR Ch. II (10–1–09 Edition)

(3) Focus resources on those projects
that offer the greatest likelihood of
success.
(4) Identify potential savings by providing an alternative to surface transportation infrastructure construction
and maintenance.
(5) Develop best practices for the Marine Highway Program.
(6) Provide specific examples with
performance measures and quantifiable
outcomes for the Marine Highway.
(c) Designation of Marine Highway
Projects. The Department of Transportation will solicit applications for designation as specific Marine Highway
Projects. Applications will be accepted
from a Project sponsor. Project sponsors must be public entities, including
but not limited to, Metropolitan Planning Organizations, state governments
(including State Departments of Transportation)
and
port
authorities.
Project sponsors are encouraged to develop coalitions and public/private
partnerships with the common objective of developing the specific Marine
Highway Project. Potential partners
can include vessel owners and operators, third party logistics providers,
trucking companies, shippers, port authorities, state, regional and local
transportation planners, or any combination of entities working in collaboration under a single application. Candidate Projects can be new starts or existing Marine Highway operations
where expansion or improvements
present maximum public benefit. Applications must meet the requirements
of coastwise shipping laws and all applicable federal, state and local laws.
(d) Action by the Department of Transportation. (1) The Department will
evaluate and select Projects based on a
cost-benefit analysis and technical review of the information provided by
the applicant. The Department will
publish, and update periodically, the
application information required and
the factors that will be considered in
the evaluation. Each factor will be
weighed according to its relative cost
or benefit. Applicants may request that
other factors be considered in the costbenefit analyses.
(2) Projects that support a designated
Marine Highway Corridor, receive a favorable technical review, and meet

other minimum standards as defined by
the Department, may be nominated by
the Maritime Administrator for selection by the Secretary.
(3) Upon designation as a Marine
Highway Project, the Department of
Transportation will coordinate with
the Project sponsor to identify the
most appropriate Departmental actions
to support the project. Support could
include any of the following, as appropriate and within agency resources:
(i) Promote the service with appropriate governmental, regional State or
local transportation planners, private
sector entities or other decision makers.
(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 regional, State or local governmental entities to remove barriers
to success.
(iii) Pursue memorandums of agreement with other 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 sponsors may request to be designated on
the Secretary of Transportation’s list
of high-priority transportation infrastructure projects under Executive
Order 13274, ‘‘Environmental Stewardship and Transportation Infrastructure
Project Review.’’ For these projects,
Executive Order 13274 provides that
Federal agencies shall, to the maximum extent practicable, expedite
their reviews for relevant permits or
other approvals and take related actions as necessary, consistent with
available resources and applicable
laws.
(v) Assist with developing individual
performance measures as described in
this rule.
(vi) Work with Federal entities and
State and local governments to include
designated Projects in transportation
planning.

444

VerDate Nov<24>2008

10:24 Nov 06, 2009

Jkt 217198

PO 00000

Frm 00454

Fmt 8010

Sfmt 8010

Y:\SGML\217198.XXX

217198

erowe on DSK5CLS3C1PROD with CFR

Maritime Administration, DOT

§ 393.4

(vii) Bring specific impediments to
the attention of Marine Highway Advisory Board.
(viii) Conduct research on issues specific to designated Projects.
(ix) Maintain liaison with representatives of designated Projects to provide
ongoing support and identify lessons
learned and best practices for other
projects and the overall Marine Highway program.
(e) Application for Designation as a
Marine Highway Project. Marine Highway Project designation will be based
on evaluation of the criteria outlined
in this rule. When responding to specific solicitations for Marine Highway
projects by the Department of Transportation, the following information
will be required:
(1) Proposed project: The application
should describe the overall operation;
which ports and terminals will be
served, number and type of vessels,
size, quantity and type of cargo and/or
passengers, routes, frequency, and
other relevant information. Additional
project components applicants should
address include the following:
(i) Identify which, if known, designated Marine Highway Corridors will
be utilized.
(ii) Provide the organizational structure of the proposed project, including
business affiliations, environmental
non-profit organizations and governmental or private sector stakeholders.
(iii) Documents affirming commitment or support from entities involved
in the project.
(iv) State Departments of Transportation, Metropolitan Planning Organizations, municipalities and other governmental entities that have been engaged and extent to which they support
the service.
(2) Shippers: Identify shippers that
have indicated an interest in and level
of commitment to the proposed service, or describe the specific commodities, market, and shippers the service
will attract, and the extent to which
these entities have been engaged. Applications should include the marketing strategy.
(3) Potential relief to surface transportation congestion: Describe extent to
which the proposed project will relieve
landside congestion in measurable

terms, such as reductions in vehicle
miles traveled. Include the landside
corridors that stand to benefit from
the operation, and any known infrastructure savings (either construction
or maintenance) that would result
from the project.
(4) Environmental, energy or safety benefits: The application should address
the savings over the current practice in
fuel, emissions, or safety improvements that would result from the proposed operation. Include any affiliations with environmental groups or
additional benefits the service would
offer.
(5) Finance Plan and Private Sector
Participation: Provide projected revenues and expenses. Include labor and
operating costs, fixed and recurring infrastructure costs. Include commitments from terminals, shippers, operators and other entities. A cost benefit
analysis should be provided, if available. Note that prior to final designation as a project, a cost benefit analysis will be required, if not provided in
the original application.
(6) Impediments: Describe any known
or anticipated obstacles to either startup or long-term success of the project.
Include any strategies, either in place
or proposed, to mitigate impediments.
(7) Proposed Project Timeline: The Application should include a proposed
project time-line with estimated start
dates and key milestones. Include the
point in the timeline at which the enterprise is anticipated to attain selfsufficiency (if applicable).
(8) Cost and Benefits: Applicants will
describe, to the extent known, the benefits to be derived from the designation
of the project in monetary terms, including the items described in number
1 through 7 above, such as the environmental improvements, reduction in
fuel usage, reduction in landside congestion, increase in employment, increase in taxes paid or other revenues
derived therefrom, safety improvements including potential saving of
human life and property from fewer
traffic accidents, decrease in time required for delivery of cargo or passengers and the costs associated with
construction of new infrastructure if
any, the costs of additional operations

445

VerDate Nov<24>2008

10:24 Nov 06, 2009

Jkt 217198

PO 00000

Frm 00455

Fmt 8010

Sfmt 8010

Y:\SGML\217198.XXX

217198

erowe on DSK5CLS3C1PROD with CFR

§ 393.5

46 CFR Ch. II (10–1–09 Edition)

or maintenance of the project, including any public funds needed for support
of the project. Upon receipt by the
Maritime Administrator, the application will be evaluated using weightbased criteria during a technical review. The review will assess factors
such as project scope, impact, public
benefit, offsetting costs, cost to the
Government (if any), the likelihood of
long-term self-supporting operations,
and its relationship with Marine Highway Corridors, once designated (See 46
CFR 393.3 Marine Highway Corridors).
Additional factors may be considered
during the evaluation process. All factors will be quantified and weighted by
their relative costs and benefits. Project
sponsors will be notified in writing by
the Maritime Administration if they
receive designation.
(9) Evaluation Criteria: To view the
criteria which will be used in the initial assessment of Project applications,
please see the Appendix to part 393.
(10) Performance Measures: Once designated projects enter the operational
phase (either start of a new service, or
expansion of existing service), they
will be evaluated regularly to determine if the project’s objectives are
being achieved. Overall project performance will be in one of three categories—exceeds, meets, or does not
meet original projected unit cost. Unit
cost at time of project designation will
be compared to the unit cost during
the performance evaluation. Unit cost
will be calculated by dividing Public
benefit by Public cost, then multiplying it by the Timeliness factor, each
of which are described 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 (measured
in miles, weighted for either urban or
rural)? Other public benefits, including
congestion reduction, energy savings,
reduced emissions, and safety improvements will be assumed to be a direct
derivative of either numbers of vehicles shifted, 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 (either
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, freight
trends, expenses and other factors established in the application review
process.
§ 393.5 Incentives,
Solutions.

Impediments

(a) Summary. The purpose of this section is to identify short term incentives and solutions to impediments in
order to encourage use of the Marine
Highway for freight and passengers.
(b) Objectives. This section is aimed
at increasing the use of the Marine
Highways through the following primary objectives:
(1) Encourage the integration of Marine Highways in transportation plans
at the State, regional and local levels.
(2) Develop short term incentives
aimed at expanding existing or starting
new Marine Highway operations.
(3) Identify and seek solutions to impediments to the Marine Highway.
(c) Federal, State, Local, and Regional
Transportation Planning. The Department of Transportation will coordinate
with Federal, state and local governments and metropolitan planning organizations to develop strategies to encourage the use of America’s Marine
Highway for transportation of passengers and cargo. Activities will include the following:
(1) Work with State Departments of
Transportation to assess plans and develop strategies, where appropriate, to
incorporate Marine Highway transportation, including ferries, and other marine transportation solutions for regional and interstate transport of

446

VerDate Nov<24>2008

10:24 Nov 06, 2009

Jkt 217198

PO 00000

Frm 00456

Fmt 8010

and

Sfmt 8010

Y:\SGML\217198.XXX

217198

Maritime Administration, DOT

§ 393.6

erowe on DSK5CLS3C1PROD with CFR

freight and passengers in their statewide and metropolitan transportation
plans.
(2) Facilitating groups of States and
multi-State transportation entities to
determine how Marine Highway transportation can address congestion, bottlenecks, and other interstate transportation challenges to their mutual
benefit.
(3) Identify other federal agencies
that have jurisdiction over the Project
or which currently provide funding for
components of the project in order to
determine the extent to which those
agencies should be consulted with and
invited to assist in the coordination
process.
(3) Consult with Federal Highway Administration, Federal Motor Carrier
Safety Administration, Federal Railroad Administration, Federal Transit
Administration and other entities
within DOT, as appropriate to evaluate
costs and benefits of proposed Marine
Highway Corridors and Projects.
(d) Short-Term Incentives. The Department of Transportation will develop
proposed short-term incentives that
would encourage the use, initiation, or
expansion of Marine Highway services.
This will be done in consultation with
shippers and other participants in
transportation logistics, and government entities, as appropriate.
(e) Impediments and Solutions. The Department of Transportation will establish a Board in accordance with the
Federal Advisory Committee Act
(FACA) whose role is to identify impediments that hinder effective use of
the Marine Highway and recommend
solutions. The Board will meet regu-

larly and report its findings and recommended solutions to the Maritime
Administrator. Board membership will
evolve as impediments are identified
and the area of focus changes. Representation could include Federal Departments and Agencies, State Departments of Transportation, Metropolitan
Planning Organizations and other local
public entities and private sector
stakeholders.
The
Department
of
Transportation will take actions, as
appropriate, to address impediments to
the Marine Highway.
§ 393.6 Research on Marine Highway
Transportation
(a) Summary. The Department of
Transportation will work in consultation with the Environmental Protection Agency and other entities as appropriate, within the limits of available resources, to conduct research in
support of America’s Marine Highway.
Research can be general in nature, or
in direct support of designated Marine
Highway Corridors and Projects.
(b) Objectives. The primary objectives
of selected research Projects are to:
(1) Identify and quantify environmental and transportation-related benefits that can be derived from utilization of the Marine Highway as compared to other modes of surface transportation.
(2) Identify existing or emerging
technology, vessel design, and other
improvements that would reduce emissions, increase fuel economy, and lower
costs of Marine Highway transportation and increase the efficiency of
intermodal transfers.

447

VerDate Nov<24>2008

10:24 Nov 06, 2009

Jkt 217198

PO 00000

Frm 00457

Fmt 8010

Sfmt 8010

Y:\SGML\217198.XXX

217198

App., Pt. 393

46 CFR Ch. II (10–1–09 Edition)

APPENDIX TO PART 393—CRITERIA FOR INITIAL ASSESSMENT OF MARINE HIGHWAY
PROJECT APPLICATIONS

448

VerDate Nov<24>2008

10:24 Nov 06, 2009

Jkt 217198

PO 00000

Frm 00458

Fmt 8010

Sfmt 8006

Y:\SGML\217198.XXX

217198

ER09OC08.016

erowe on DSK5CLS3C1PROD with CFR

PARTS 394–399 [RESERVED]


File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2020-05-14
File Created2010-10-01

© 2024 OMB.report | Privacy Policy