[Federal Register: January 2, 2001 (Volume 66, Number 1)]
[Notices]
[Page 128]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja01-86]
[[Page 128]]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number: MARAD-2000-8584]
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 NEELTJE.
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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 February 1, 2001.
ADDRESSES: Comments should refer to docket number MARAD-2000-8584.
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., S.W., Washington, D.C. 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
available on the World Wide Web at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Gordon Angell, U.S. Department of
Transportation, Maritime Administration, MAR-832 Room 7201, 400 Seventh
Street, S.W., Washington, DC 20590. Telephone 202-366-5129.
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
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: NEELTJE. Owner: Bradley T. Marshall.
(2) Size, capacity and tonnage of vessel. According to the
applicant: ``L.O.A.--62 feet, L.O.D.--51 feet, Beam--12 feet,
Displacement--35 tons.''
(3) Intended use for vessel, including geographic region of
intended operation and trade. According to the applicant: ``Yacht
charters carrying not more than 12 passengers. Mr. Marshall uses the
boat primarily for personal pleasure sailing. He intends to engage in
occasional charter activity.'' Geographic region: ``Chesapeake Bay,
Delaware River, Intracoastal Waterway from Norfolk, VA through Florida.
Note--NEELTJE is suitable for inland waterway use only and will not
engage in ocean charters.''
(4) Date and Place of construction and (if applicable) rebuilding.
Date of construction: 1902. Place of construction: Waddinxveen, The
Netherlands.
(5) A statement on the impact this waiver will have on other
commercial passenger vessel operators. According to the applicant:
``This waiver will have no direct impact on other commercial vessel
operators. This vessel will be used for small yacht charters. There are
a large number of small vessels engaged in this type of charter, and
the only possible impact would be a very small increase in competition.
Most charter customers are very specific in seeking out charter vessels
with exactly the characteristics and amenities they desire. NEELTJE is
an antique cargo vessel that has been converted into a yacht and as
such is unique. There are no other vessels of her type currently in the
U.S. The vessel is traditionally rigged and as such is very difficult
to sail. The vessel is also slow in light winds (under 12 knots), and
will not be to everyone's liking. In fact, those who would be likely to
charter a vessel like NEELTJE would be few and would have to have a
specialized interest in sailing an antique vessel. The vessel's
competitiveness is further limited by her flat-bottom design and
absence of a keel, rendering her unsuitable for ocean sailing. As such,
the impact NEELTJE would have on the modern yacht charter business
would be negligible.''
With regard to the operations of existing operators, there are
no other vessels of NEELTJE's type currently in the U.S., although
there are many other types of traditional sailing vessels engaged in
the charter business in the specific geographic region. There are
ample customers for such charter business that the impact on
existing operators of the presence of another unique sailing vessel
with limited appeal would be negligible.
(6) A statement on the impact this waiver will have on U.S.
shipyards. According to the applicant: ``The only possible impact would
be positive insofar as all future repairs and modifications will be
done in U.S. boatyards. Since Mr. Marshall acquired the vessel three
years ago he has already spent over $100,000 in U.S. boat repair
facilities.''
Dated: December 27, 2000.
By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 00-33445 Filed 12-29-00; 8:45 am]
BILLING CODE 4910-81-P