Rule2026-11267
American Fisheries Act Program Update; Simplifying the Application Process
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 4, 2026
Effective
June 4, 2026
Issuing agencies
Transportation DepartmentMaritime Administration
Abstract
On July 1, 2025, MARAD published a Notice of Proposed Rulemaking (NPRM), titled "American Fisheries Act Program Update; Simplifying the Application Process," soliciting public comment on steps MARAD could take to simplify and modernize the process for evidencing U.S. citizenship for owners of U.S.-flag fishing industry vessels of 100 feet or greater in registered length. MARAD received one comment reiterating support for the steps MARAD has taken to update the regulation. MARAD's amendments to the rule will simplify and streamline annual renewal filing for vessel owners whose citizenship information has not changed since their affidavit of U.S. citizenship (AFA Affidavit) filing, update acceptable methods for evidencing citizenship of publicly traded entities, and eliminate requirements to provide personally identifiable information (i.e., social security numbers and dates and places of birth for corporate officers and directors) in affidavits of AFA citizenship.
Full Text
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<title>Federal Register, Volume 91 Issue 107 (Thursday, June 4, 2026)</title>
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[Federal Register Volume 91, Number 107 (Thursday, June 4, 2026)]
[Rules and Regulations]
[Pages 33640-33646]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11267]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 356
[Docket Number MARAD-2025-0091]
RIN 2133-AB91
American Fisheries Act Program Update; Simplifying the
Application Process
AGENCY: Maritime Administration (MARAD), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: On July 1, 2025, MARAD published a Notice of Proposed
Rulemaking (NPRM), titled ``American Fisheries Act Program Update;
Simplifying the Application Process,'' soliciting public comment on
steps MARAD could take to simplify and modernize the process for
evidencing U.S. citizenship for owners of U.S.-flag fishing industry
vessels of 100 feet or greater in registered length. MARAD received one
comment reiterating support for the steps MARAD has taken to update the
regulation. MARAD's amendments to the rule will simplify and streamline
annual renewal filing for vessel owners whose citizenship information
has not changed since their affidavit of U.S. citizenship (AFA
Affidavit) filing, update acceptable methods for evidencing citizenship
of publicly traded entities, and eliminate requirements to provide
personally identifiable information (i.e., social security numbers and
dates and places of birth for corporate officers and directors) in
affidavits of AFA citizenship.
DATES: This final rule is effective on June 4, 2026.
[[Page 33641]]
Privacy Act: Anyone can search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). For information on
DOT's compliance with the Privacy Act, please visit <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: Michael C. Pucci, Office of the Chief
Counsel, Division of Maritime Programs, (202) 366-5167 or via email at
<a href="/cdn-cgi/l/email-protection#94d9fdf7fcf5f1f8bac4e1f7f7fdd4f0fbe0baf3fbe2"><span class="__cf_email__" data-cfemail="6a270309020b0f06443a1f0909032a0e051e440d051c">[email protected]</span></a>. 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 U.S. Department of Transportation,
Maritime Administration, Office of the Chief Counsel, Division of
Legislation and Regulations, W24-220, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This final rule and all comments may be viewed online through the
Federal eRulemaking portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. An electronic copy
of this document may also be downloaded by accessing the Office of the
Federal Register home page at: <a href="http://www.federalregister.gov">www.federalregister.gov</a>.
Background
On July 1, 2025, MARAD published a Notice of Proposed Rulemaking
(NPRM), titled ``Deregulatory-American Fisheries Act Program Update;
Simplifying the Application Process,'' soliciting public comment on
actions MARAD could take to simplify and modernize the process for
evidencing U.S. citizenship for owners of U.S.-flag fishing industry
vessels of 100 feet or greater in registered length (90 FR 28519).
Previously, on May 1, 2019, MARAD published an Advanced Notice of
Proposed Rulemaking (ANPRM), titled ``How Best to Simplify Filing
Statements of American Fisheries Act Citizenship: Policy and Regulatory
Review,'' (84 FR 18469) soliciting public comment seeking the same
information and whether MARAD should revise its regulations.
MARAD developed its Final Rule based on recommendations received in
response to our request for comments to both the NPRM and the ANPRM, as
well as recommendations we received in response to our ANPRM on
reforming our Maritime Programs citizenship requirements titled ``How
to Best Evidence Corporate Citizenship: Policy and Regulatory Review''
(Corporate Citizenship ANPRM) published in the Federal Register (84 FR
18468) on May 1, 2019.
Discussion of Comments Received on the ANPRM and the NPRM
In response to the agency's NPRM and ANPRM seeking public comment
on ways to simplify annual requirements to evidence citizenship under
the American Fisheries Act, MARAD received comments from K & L Gates,
one comment for each of MARAD's notices, which included several
recommendations. The agency responds as follows to the commenter's
recommendations.
The commenter recommended MARAD consider permitting streamlined
certifications for annual citizenship renewals when there has been no
material change to the information contained in the prior year's AFA
Affidavit.
MARAD agrees with this recommendation. Permitting an optional
certification would reduce the burden of annual filing for those
entities whose ownership information has not changed since the last AFA
Affidavit was filed while not impacting MARAD's ability to make U.S.
citizenship determinations. MARAD finds that such a certification would
be consistent with the requirements of 46 U.S.C. 12113(e)(1) by
incorporating by reference and certifying the citizenship information
contained in the last AFA Affidavit submitted by the filer. In section
356.5(g), MARAD includes a provision for optional annual certification
of citizenship information. MARAD will provide a copy of our form of
annual certification with each annual fishery endorsement eligibility
approval letter it issues to filers.
The commenter further suggested MARAD reconsider the regulatory
requirements for vessel owners to notify the Citizenship Approval
Officer within 30 days of any change in the information set forth in
the AFA Affidavit or with respect to documents required to be filed
pursuant to 46 CFR 356.13 (46 CFR 356.5(g) and 356.13(b),
respectively). The commenter argued that these requirements place a
significant burden on the vessel owner to review each of the various
regulatory requirements on a monthly basis to ensure timely compliance
and avoid risking loss of the fishing vessel's eligibility to operate
in the domestic fishing industry.
MARAD disagrees. As the commenter notes, most AFA vessel owners are
closely held entities whose ownership does not change on an annual
basis. In addition, MARAD has not found that compliance with these
requirements has affected owners' ability to maintain fishery
endorsement eligibility for their vessels. As such, MARAD does not find
the 30-day notification requirements to be burdensome or to represent
an undue risk of loss of fishery endorsement eligibility.
The commenter also recommended updating the existing regulations to
reflect current statutory citations that have changed since the
regulations were implemented in 2000 and including a chart containing
the documentary requirements for regulated transactions.
MARAD agrees. MARAD is amending part 356 to update its statutory
citations. MARAD is planning to develop a chart of documentary
requirements as guidance for publication on our AFA web page.
The commenter also recommended that MARAD make certain relevant
rulings publicly available online. Over time, MARAD has weighed this
proposition carefully and on multiple occasions. MARAD has found that
after protecting the confidential business information typically
contained in such rulings that the releasable material affords no
appreciable substantive information and instead may risk harming
MARAD's ability to obtain candid and frank proposals from industry.
That stated, MARAD will consider the issues further to determine if
such recommendation can be properly instituted.
Additional Amendments
In response to the comments received in response to the May 1,
2019, Corporate Citizenship ANPRM (84 FR 18468), MARAD amended the form
of AFA Affidavit found at 46 CFR 356.5 with respect to those paragraphs
(Nos. 4 and 5) applicable to direct and indirect owners that are
publicly traded entities. Pursuant to 46 U.S.C. 12113(e)(2), the form
of AFA Affidavit must conform to the extent practicable to the form of
affidavit found at 46 CFR 355.2, which is the form used by participants
to satisfy citizenship requirements of MARAD's promotional programs
(e.g., Capital Construction Fund, Maritime Security Program, and vessel
finance guarantees). As MARAD has found the form of affidavit at 46 CFR
355.2 to be outdated with respect to its provisions for publicly traded
entities, MARAD is updating that form of affidavit in a
[[Page 33642]]
separate final rule under Docket Number MARAD-2025-0087.
The rule at section 356.7 will provide publicly traded entities
flexibility in applying several reasonably available methods to ensure
ongoing compliance with AFA ownership requirements, including
satisfying the U.S. address requirement of the fair inference rule for
determining the requisite percentage of U.S. ownership of outstanding
stock. MARAD is not adjusting the current non-citizen ownership
percentage limits of the fair inference method.
MARAD is eliminating requirements to provide social security
numbers and dates and places of birth of corporate officers and
directors in the affidavit of AFA citizenship provided at 46 CFR 356.5.
Inclusion of this information in the affidavit of AFA citizenship does
not significantly improve U.S. ownership certainty and creates an
unnecessary risk of release of personally identifiable information. In
any instance of doubt, MARAD still retains the authority to request
such information from submitting parties.
Rulemaking Analysis and Notices
Executive Orders 12866
Executive Order (E.O.) 12866 and the Department of Transportation's
administrative rulemaking procedures set forth in 49 CFR part 5,
subpart B, provide for making determinations whether a regulatory
action is ``significant'' and therefore subject to Office of Management
and Budget (OMB) review and to the requirements of E.O. 12866.
This rule is limited to streamlining annual renewal filing for
vessel owners whose citizenship information has not changed since their
most recent annual affidavit of U.S. citizenship (AFA Affidavit)
filing, updating acceptable methods for evidencing citizenship of
publicly traded entities, and eliminating requirements to provide
personally identifiable information (i.e., social security numbers and
dates and places of birth for corporate officers and directors) in
affidavits of AFA citizenship.
This rule is not a significant regulatory action under E.O. 12866
and therefore it was not reviewed by OMB. It is also not considered a
major rule for purposes of Congressional review under Public Law 104-
121. This rule is limited to updating the citations, addresses, and
modernizing text.
Executive Order 14192
E.O. 14192 requires that for ``each new [E.O. 14192 regulatory
action] issued, at least ten prior regulations be identified for
elimination.'' Implementation guidance for E.O. 14192, issued by OMB
(Memorandum M-25-20, March 26, 2025), defines an E.O. 14192
deregulatory action as ``an action that has been finalized and has
total costs less than zero.'' This rule will have total costs less than
zero and therefore is an E.O. 14192 deregulatory action.
Executive Order 13132
MARAD analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13132 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. Because nothing in
this document preempts any State law or regulation, MARAD did not
consult with State and local officials and did not prepare a federalism
summary impact statement.
Executive Order 13175
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.
Therefore, the funding and consultation requirements of this E.O. do
not apply.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking or final rule, the agency must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations and small governmental jurisdictions),
unless the head of the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
Agencies must also provide a statement of the factual basis for this
certification.
For the following reasons, the MARAD Administrator certifies that
this rulemaking action would not have a significant economic impact on
a substantial number of small entities. The amendments will simplify
and streamline annual renewal filing for vessel owners whose
citizenship information has not changed since their affidavit of U.S.
citizenship (AFA Affidavit) filing; update acceptable methods for
evidencing citizenship of publicly traded entities; and eliminate
requirements to provide personally identifiable information (i.e.,
social security numbers and dates and places of birth for corporate
officers and directors) in affidavits of AFA citizenship. These changes
should be limited to decreasing the administrative burden for program
applicants.
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 DOT and certain other
Federal agencies to conduct a privacy impact assessment of each
proposed rule that will affect the privacy of individuals. This
rulemaking, simplifies and streamlines annual renewal filing for vessel
owners whose citizenship information has not changed since their
affidavit of U.S. citizenship (AFA Affidavit) filing; updates
acceptable methods for evidencing citizenship of publicly traded
entities; and eliminates requirements to provide personally
identifiable information (PII) in affidavits of AFA citizenship. This
rulemaking purports to decrease any potential impact on participant
privacy and does not result in PII being collected or maintained in a
Government-run website or IT system. Therefore, MARAD did not conduct a
Privacy Impact Assessment.
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 $212 million or more (as adjusted for inflation, in
2026) 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 $212 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.
National Environmental Policy Act
Pursuant to 49 CFR 1.81, the Secretary has delegated the
``functions'' under NEPA to the Administrators ``as they relate to the
matters within the primary responsibility of each Operating
[[Page 33643]]
Administration.'' MARAD has determined that this proposed rule is
categorically excluded pursuant to DOT Order 5610.1D, subpart C,
section (e)(3). A categorical exclusion (CE) is an action identified in
an agency's NEPA procedures that does not normally have a significant
impact on the environment and therefore does not require either an
environmental assessment (EA) or environmental impact statement (EIS).
See DOT Order 5610.1D, section 9. In analyzing the applicability of a
CE, the agency must also consider whether extraordinary circumstances
are present that would warrant the preparation of an EA or EIS. Id. at
section 9(b). MARAD may utilize its own CEs, in addition to CEs listed
in DOT Order 5610.1D Appendix A or another Operating Administration's
CEs, using the procedures described in DOT Order 5610.1D, section 9,
and subpart C, section (e). This rulemaking, American Fisheries Act
Program Update; Simplifying the Application Process, is categorically
excluded pursuant to DOT Order 5610.1D, subpart C, section (e)(3):
``Internal orders and procedures not required to be published in the
Federal Register, promulgation of rules, regulations, directives, and
amendments thereto which do not require a regulatory impact analysis
under section 3 or do not have a potential to cause a significant
impact on the environment . . .'' MARAD does not anticipate any
environmental impacts, and there are no extraordinary circumstances
present in connection with this rulemaking.
Regulation Identifier Number
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
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA)
requires that DOT consider the impact of paperwork and other
information collection burdens imposed on the public. This rule will
likely result in a reduction in the burden hours required for
information collection 2133-0530, Requirements for Vessels of 100 Feet
or Greater in Registered Length to Obtain a Fishery Endorsement to the
Vessel's Documentation--46 CFR 356, because changes to the regulation
will shorten the time and effort to evidence citizenship for many
first-time applicants as well as those that must recertify. We expect
that the information collection requirement under this rule would
reduce the ``hours per response'' from 11 hours to 8.5 hours resulting
in a 23 percent reduction in burden hours annually and having a net
cost saving of $22,086.40 annually across 500 respondents.
Notwithstanding any other provision of law, a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid OMB control number.
List of Subjects in 46 CFR Part 356
Citizenship and naturalization, Fishery endorsement, Fishing
vessels, Mortgages, Mortgage trustee, Penalties, Preferred mortgages,
Reporting and recordkeeping requirements, Vessels.
For the reasons described in the preamble, MARAD amends 46 CFR part
356 as set forth below:
PART 356--REQUIREMENTS FOR VESSELS OF 100 FEET OR GREATER IN
REGISTERED LENGTH TO OBTAIN A FISHERY ENDORSEMENT TO THE VESSEL'S
DOCUMENTATION
0
1. The authority for part 356 continues to read as follows:
Authority: 46 U.S.C. 12102; 46 U.S.C. 12151; 46 U.S.C. 31322;
Pub. L. 105-277, division C, title II, subtitle I, section 203 (46
U.S.C. 12102 note), section 210(e), and section 213(g), 112 Stat.
2681; Pub. L. 107-20, section 2202, 115 Stat. 168-170; Pub. L. 114-
74; 49 CFR 1.93.
Subpart A--General Provisions
Sec. 356.3 [Amended]
0
2. In 46 CFR 356.3:
0
a. Remove paragraph (a).
0
b. Paragraphs (b) through (z) are redesignated as paragraphs (a)
through (y).
0
c. In paragraph (d)(1), remove ``46 U.S.C. 12102(c) and section 2(c) of
the 1916 Act, 46 App. U.S.C. 802(c)'' and add, in its place, ``46
U.S.C. 12113 and 46 U.S.C. 50501(d)''.
0
d. In paragraph (d)(iv)(C), remove ``46 U.S.C. 12102(c)'' and add, in
its place, ``46 U.S.C. 12113(c)''.
0
e. In paragraph (e), remove ``Maritime Administration, United States
Department of Transportation, Citizenship Approval Officer, MAR-220,
Room 7232, 400 7th Street, SW, Washington, DC 20590'' and add, in its
place, ``Citizenship Approval Officer, Office of Chief Counsel,
Maritime Administration, United States Department of Transportation,
1200 New Jersey Avenue SE, Washington, DC 20590.''
0
f. In paragraph (g)(1), remove ``section 2(b) of the 1916 Act, 46 App.
U.S.C. 802(b)'' and add, in its place, ``46 U.S.C. 50501(c)''.
0
g. In paragraph (q), remove ``46 U.S.C. 12102(c) and section 2(c) of
the 1916 Act, 46 App. U.S.C. 802(c)'' and add, in its place, ``46
U.S.C. 12113(c) and 46 U.S.C. 50501(d)''.
0
h. In paragraph (t)(1), remove ``46 U.S.C. 12102(c)'' and add, in its
place, ``46 U.S.C. 12113(c)''.
0
i. In paragraph (t)(5), remove ``46 U.S.C. 12102(a)'' and add, in its
place, ``46 U.S.C. 12103''.
* * * * *
Sec. 356.5 [Amended]
0
3. In 46 CFR 356.5:
0
a. In paragraph (a), remove ``section 2(c) of the 1916 Act, or where
applicable, section 2(b) of the 1916 Act'' and add, in its place, ``46
U.S.C. 50501(d), or where applicable, 46 U.S.C. 50501(c)''.
0
b. In paragraph (c), remove ``section 2(c) of the 1916 Act and 46 App.
U.S.C. 12102(c)'' and add, in its place, ``46 U.S.C. 50501(d) and 46
U.S.C. 12113(c)''.
* * * * *
0
4. In 46 CFR 356.5(d) revise as follows:
Sec. 356.5(d) The prescribed form of the Affidavit of U.S.
Citizenship is as follows:
State of _____)
) ss.:
County of ____)
I, (Name), of (Physical residence address, city, and state), being
duly sworn, depose and say:
1. That I am the (Title of office(s) held) of (Name of
Corporation), a corporation organized and existing under the laws of
the State of ___ (hereinafter called the ``Corporation''), with offices
at (Business address), in evidence of which incorporation a certified
copy of the Articles or Certificate of Incorporation (or Association)
is filed herewith (or has been filed) together with a certified copy of
the corporate Bylaws. [Evidence of continuing U.S. citizenship status,
including amendments to said Articles or Certificate and Bylaws, should
be filed within 45 days of the annual documentation renewal date for
vessel owners. Other parties required to provide evidence of U.S.
citizenship status must file within 30 days after the annual meeting of
the stockholders or annually, within 30 days after the original
affidavit if there has been no meeting of the stockholders prior to
that time.];
[[Page 33644]]
2. That I am authorized by and in behalf of the Corporation to
execute and deliver this Affidavit of U.S. Citizenship;
3. That the names of the Chief Executive Officer, by whatever
title, the Chairman of the Board of Directors, all Vice Presidents, or
other individuals who are authorized to act in the absence or
disability of the Chief Executive Officer or Chairman of the Board of
Directors, and the Directors of the Corporation are as follows: \1\
---------------------------------------------------------------------------
\1\ Offices that are currently vacant should be noted when
listing Officers and Directors in the Affidavit.
------------------------------------------------------------------------
Name Title
Name Title
------------------------------------------------------------------------
(The foregoing list should include the officers, whether or not
they are also directors, and all directors, whether or not they are
also officers.) Each of said individuals is a Citizen of the United
States by virtue of birth in the United States, birth abroad of U.S.
citizen parents, by naturalization, or as otherwise authorized by law,
except (give name and nationality of all Non-Citizen officers and
directors, if any). The By-laws of the Corporation provide that
(Number) of the directors are necessary to constitute a quorum;
therefore, the Non-Citizen directors named represent no more than a
minority of the number necessary to constitute a quorum.
[Note: Select and complete the applicable paragraph 4 describing
the Corporation's stock ownership and strike inapplicable paragraphs
4.]
4. Information as to stock, where Corporation has 30 or more
stockholders:
That I have access to the stock books and records of the
Corporation; that said stock books and records have been examined and
disclose (a) that, as of (Date), the Corporation had issued and
outstanding (Number) shares of (Class), the only class of stock of the
Corporation issued and outstanding [if such is the case], owned of
record by (Number) stockholders, said number of stockholders
representing the ownership of the entire issued and outstanding stock
of the Corporation, and (b) that no stockholder owned of record as of
said date five per centum (5 percent) or more of the issued and
outstanding stock of the Corporation of any class. [If different
classes of stock exist, give the same information for each class issued
and outstanding, showing the monetary value and voting rights per share
in each class. If there is an exception to the statement in clause (b),
the name, address, and citizenship of the stockholder and the amount
and class of stock owned should be stated and the required citizenship
information on such stockholder must be submitted.] That the registered
addresses of (Number) owners of record of (Number) shares of the issued
and outstanding (Class) stock of the Corporation are shown on the stock
books and records of the Corporation as being within the United States,
said ___ shares being ___ per centum (___percent) of the total number
of shares of said stock (each class). [The exact figure as disclosed by
the stock books of the corporation must be given and the per centum
figure must not be less than 65 per centum for a State or federally
chartered financial institution holding a Preferred Mortgage, or not
less than 95 per centum for an entity that is demonstrating ownership
in a vessel for which a fishery endorsement is sought or a Mortgage
Trustee. These per centum figures apply to corporate stockholders as
well as to the primary corporation.] (The same statement should be made
with reference to each class of stock, if there is more than one
class.);
4. Information as to stock, where Corporation has less than 30
stockholders: That the information as to stock ownership, upon which
the Corporation relies to establish that 75 percent of the stock
ownership is vested in Citizens of the United States, is as follows:
----------------------------------------------------------------------------------------------------------------
Percentage of shares owned (each
Name of stockholder Number of shares owned (each class) class)
----------------------------------------------------------------------------------------------------------------
Name Number and Class Number and Class
----------------------------------------------------------------------------------------------------------------
and that each of said individual stockholders is a Citizen of the
United States by virtue of birth in the United States, birth abroad of
U.S. citizen parents, by naturalization during minority through the
naturalization of a parent, by marriage (if a woman) to a U.S. citizen
prior to September 22, 1922, or as otherwise authorized by law. Note:
If a corporate stockholder, give information with respect to State of
incorporation, the names of the officers, directors, and stockholders
and the appropriate percentage of shares held, with statement that they
are all U.S. citizens. Nominee holders of record of 5 percent or more
of any class of stock and the beneficial owners thereof should be named
and their U.S. citizenship information submitted to MARAD.
4. Information as to stock, where Corporation's shares are publicly
traded on a U.S. stock exchange:
That the Corporation has diligently employed, administered, and
adhered to methods such as those identified at 46 CFR 356.5(g) to
monitor the Corporation's stock ownership; and that, based on the
foregoing, the percentage of shares of the Corporation owned by
Citizens of the United States is 75 percent or greater.
5. That 75 percent of the interest in (each) said Corporation, as
established by the information herein before set forth, is owned by
Citizens of the United States; that the title to 75 percent of the
stock of (each) class of the stock of (each) said Corporation is vested
in Citizens of the United States free from any trust or fiduciary
obligation in favor of any person not a Citizen of the United States;
that such proportion of the voting power of (each) said Corporation is
vested in Citizens of the United States; that through no contract or
understanding is it so arranged that more than 25 percent of the voting
power of (each) said Corporation may be exercised, directly or
indirectly, in behalf of any person who is not a Citizen of the United
States; and that by no means whatsoever, is any interest in said
Corporation in excess of 25 percent conferred upon or permitted to be
exercised by any person who is not a Citizen of the United States; and
[Note: For State or federally chartered financial institutions
acting as Preferred Mortgagees, the Controlling Interest language,
which is set forth below, is applicable.]
5. That the Controlling Interest in (each) said Corporation, as
established by the information hereinbefore set forth, is owned by
Citizens of the United States; that the title to a majority of the
stock of (each) said Corporation is
[[Page 33645]]
vested in Citizens of the United States free from any trust or
fiduciary obligation in favor of any person not a Citizen of the United
States; that such proportion of the voting power of (each) said
Corporation is vested in Citizens of the United States; that through no
contract or understanding is it so arranged that the majority of the
voting power of (each) said Corporation may be exercised, directly or
indirectly, in behalf of any person who is not a Citizen of the United
States; and that by no means whatsoever, is control of (each) said
Corporation conferred upon or permitted to be exercised by any person
who is not a Citizen of the United States; and
6. That the affiant has submitted all the necessary documentation
required under 46 CFR 356.13 in connection with this Affidavit of U.S.
Citizenship for the following vessel(s):
------------------------------------------------------------------------
------------------------------------------------------------------------
Vessel Name: Official Number:
1.
2.
------------------------------------------------------------------------
[Note: Paragraph 6 should be included in the Affidavit of U.S.
Citizenship submitted by an entity that owns a Fishing Industry
Vessel.]
7. That affiant has carefully examined this Affidavit and asserts
that all the statements and representations contained therein are true
to the best of their knowledge, information, and belief.
Dated:-----------------------------------------------------------------
-----------------------------------------------------------------------
(Name and title of affiant)
-----------------------------------------------------------------------
(Signature of affiant) Date
Penalty for False Statement: A fine or imprisonment, or both, are
provided for violation of the proscriptions contained in 18 U.S.C. 1001
(see also, 18 U.S.C. 286, 287 and 46 U.S.C. 12151).
* * * * *
0
5. In 46 CFR 356.5 revise paragraph (g) to read as follows:
Sec. 356.5(g) It is incumbent upon the party filing an affidavit
under this part to notify the Citizenship Approval Officer in writing
within 30 calendar days of any changes in information last furnished
with respect to the officers, directors, and stockholders, including 5
percent or more stockholders of the issued and outstanding stock of
each class, together with information concerning their citizenship
status. If other than a corporation, comparable information must be
filed by other entities owning the Fishing Industry Vessel, including
any entity whose ownership interest is being relied upon to establish
75 percent ownership by Citizens of the United States; (2) if the
information contained in an owner's most recent affidavit of
citizenship filing has not changed, as an alternative to submitting an
annual affidavit of citizenship under this part, a party may file a
certification with the Maritime Administration. The certification
should be substantially in the following format:
``I, , [Title] of [Name of Corporation] (``Corporation''), being
duly authorized by the Corporation, certify to you that there have been
no changes to the ownership information contained in the affidavit of
citizenship filed with the Maritime Administration on [Date].''
This certification is subject to penalty for false statement. A
fine or imprisonment, or both, are provided for violation of the
proscriptions contained in 18 U.S.C. 1001 (see also, 18 U.S.C. 286, 287
and 46 U.S.C. 12151).
* * * * *
Sec. 356.7 [Amended]
0
6. In 46 CFR 356.7:
0
(a) Revise paragraph (c) to read as follows:
Sec. 356.7(c):
(c) The ``fair inference method'' is used by corporations whose
stock is publicly traded or is held by more than 30 stockholders.
(1) Use of the fair inference method for a publicly traded
corporation requires that:
(i) At least 95 percent of the stock (each class) of the
corporation be held directly or beneficially by Persons having a U.S.
address in order to infer at least 75 percent ownership by U.S.
Citizens; and
(ii) For determining the requisite percentage of stockholders with
U.S. addresses, the corporation may rely on the methods outlined in
Sec. 356.7(e);
(2) Use of the fair inference method for a non-publicly traded
corporation with more than 30 stockholders requires that:
(i) At least 95 percent of the stock (each class) of the
corporation be held by Persons having a registered U.S. address in
order to infer at least 75 percent ownership by U.S. Citizens; and
(ii) Disclosure be made in the Affidavit of U.S. Citizenship of the
names and citizenship of any stockholders who hold five percent or more
of the corporation's stock (including all classes of stock, voting and
non-voting), officers, and directors.
0
(b) Add a paragraph (e) to read as follows:
Sec. 356.7(e) If the corporation is publicly traded, the
corporation may employ any number or combination of methods to measure,
monitor, determine, and affirm the required percentage of U.S. citizen
share ownership for the primary corporation, including the following:
(i) Use of the Depository Trust Company segregated account (or
``SEG-100'') system;
(ii) Monitoring Securities and Exchange Commission filings for 5
percent holders (Schedules 13D, 13G, Form 13F) and requesting
citizenship information from those filers;
(iii) Use of protective provisions in organizational documents in
order to guard against and rectify the possibility of excess non-
citizen share ownership;
(iv) Communications with Non-Objecting Beneficial Owners (or
``NOBOs'');
(v) Geographic surveys of shareholder addresses provided by proxy
service providers;
(vi) Analysis of registered stockholders and use of dual stock
certificates; and
(vii) Alternative methods upon written approval of the Citizenship
Approval Officer.
* * * * *
Sec. 356.19 [Amended]
0
7. In 46 CFR 356.19:
0
(a) In paragraph (a)(5), remove ``12102(a)'' and, in its place, add
``12103''.
0
(b) In paragraph (b)(1), remove ``46 U.S.C. 12102(c) and section 2(c)
of the 1916 Act'' and, in its place, add ``46 U.S.C. 12113 and 46
U.S.C. 50501(d)''.
0
(c) In paragraph (b)(6), remove ``12102(c)'' and, in its place, add
``12113''.
* * * * *
Sec. 356.25 [Amended]
0
8. In 46 CFR 356.25:
0
(a) In paragraph (e), remove ``section 2(c) of the 1916 Act, 46 App.
U.S.C. 802(c) and 46 U.S.C. 12102(c)'' and, in its place, add ``46
U.S.C. 12113 and 46 U.S.C. 50501(d)''.
* * * * *
Sec. 356.51 [Amended]
0
9. In 46 CFR 356.51(a), remove ``12102(c)'' and, in its place, add
``12113''.
* * * * *
Sec. 356.53 [Amended]
0
10. In 46 CFR 356.53, remove ``Room 7228, 400 7th Street SW'' and in
its place, add ``Mail Stop #4, 1200 New Jersey Avenue SE''.
* * * * *
(Authority: 46 U.S.C. 12113(e), 12151, 31322, 49 CFR 1.93)
[[Page 33646]]
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.
Secretary, Maritime Administration.
[FR Doc. 2026-11267 Filed 6-3-26; 8:45 am]
BILLING CODE 4910-81-P
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</html>Indexed from Federal Register on June 4, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.