[Federal Register: September 11, 2001 (Volume 66, Number 176)]
[Notices]               
[Page 47259-47260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se01-148]                         

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2001-10572]

 
Requested Administrative Waiver of the Coastwise Trade Laws

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Invitation for public comments on a requested administrative 
waiver of the Coastwise Trade Laws for the vessel BELUGA.

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SUMMARY: As authorized by Pub. L. 105-383, the Secretary of 
Transportation, as represented by the Maritime Administration (MARAD), 
is authorized to grant waivers of the U.S.-build requirement of the 
coastwise laws under certain circumstances. A request for such a waiver 
has been received by MARAD. The vessel, and a description of the 
proposed service, is listed below. Interested parties may comment on 
the effect this action may have on U.S. vessel builders or businesses 
in the U.S. that use U.S.-flag vessels. If MARAD determines that in 
accordance with Pub. L. 105-383 and MARAD's regulations at 46 CFR Part 
388 (65 FR 6905; February 11, 2000) that the issuance of the waiver 
will have an unduly adverse effect on a U.S.-vessel builder or a 
business that uses U.S.-flag vessels, a waiver will not be granted.

DATES: Submit comments on or before October 11, 2001.

ADDRESSES: Comments should refer to docket number MARAD-2001-10572. 
Written comments may be submitted by hand or by mail to the Docket 
Clerk, U.S. DOT Dockets, Room PL-401, Department of Transportation, 400 
7th St., SW., Washington, DC 20590-0001. You may also send comments 
electronically via the Internet at http://dmses.dot.gov/submit/. All 
comments will become part of this docket and will be available for 
inspection and copying at the above address between 10 a.m. and 5 p.m., 
e.t., Monday through Friday, except federal holidays. An electronic 
version of this document and all documents entered into this docket is

[[Page 47260]]

available on the World Wide Web at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Kathleen Dunn, U.S. Department of 
Transportation, Maritime Administration, MAR-832 Room 7201, 400 Seventh 
Street, SW., Washington, DC 20590. Telephone 202-366-2307.

SUPPLEMENTARY INFORMATION: Title V of Pub. L. 105-383 provides 
authority to the Secretary of Transportation to administratively waive 
the U.S.-build requirements of the Jones Act, and other statutes, for 
small commercial passenger vessels (no more than 12 passengers). This 
authority has been delegated to the Maritime Administration per 49 CFR 
Sec. 1.66, Delegations to the Maritime Administrator, as amended. By 
this notice, MARAD is publishing information on a vessel for which a 
request for a U.S.-build waiver has been received, and for which MARAD 
requests comments from interested parties. Comments should refer to the 
docket number of this notice and the vessel name in order for MARAD to 
properly consider the comments. Comments should also state the 
commenter's interest in the waiver application, and address the waiver 
criteria given in Sec. 388.4 of MARAD'S regulations at 46 CFR Part 388.

Vessel Proposed for Waiver of the U.S.-build Requirement:

    (1) Name of vessel and owner for which waiver is requested: Name of 
vessel: BELUGA. Owner: University of California (Berkeley) Fleet 
Services.
    (2) Size, capacity and tonnage of vessel: According to the 
applicant: ``The vessel is a 39-foot sailing vessel with auxiliary 
power. The beam measures 13'4" with a draft of 9'3". The net tonnage is 
estimated to be 21 as determined using Coast Guard formula of 90% of 
50LBD/100.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade: According to the applicant: ``The 
intended use of this vessel is sailing instruction, charter and 
recreational. The geographic region of use will be limited to San 
Francisco Bay, California Coast and the Sacramento River Delta.''
    (4) Date and Place of construction and (if applicable) rebuilding: 
Date of construction: 1982. Place of construction: Unknown.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``Other commercial passenger operators in the area are: Horn Blower 
Yachts and the Olympic Circle Sailing Club. Horn Blower operates dinner 
dance cruises, and brunch cruises for up to 500 people. Olympic Circle 
operates 30 boats, primarily for instructional purposes with very few 
charters available. Granting of this waiver will have absolutely no 
impact on Horn Blower Yachts and a very minimal, if not negligible, 
impact on the Olympic Circle Sailing Club. To the best of the 
applicant's knowledge there are no other charter operators in the 
area.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards: According to the applicant: ``This wavier will have no 
impact, adverse or otherwise on U.S. Shipyards.''

    Dated: September 5, 2001.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 01-22677 Filed 9-10-01; 8:45 am]
BILLING CODE 4910-81-P