[Federal Register: March 26, 2002 (Volume 67, Number 58)]
[Notices]
[Page 13821-13822]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr02-98]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number: MARAD-2002-11874]
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 TRADEWINDS.
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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 April 25, 2002.
ADDRESSES: Comments should refer to docket number MARAD-2002-11874.
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
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
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
[[Page 13822]]
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: Tradewinds. Owner: Jay Hill, Daniel Tingley and Pam
Tingley.
(2) Size, capacity and tonnage of vessel. According to the
applicant: ``Size of vessel: 37.9', Capacity of Vessel: 14 Net Tons or
32 persons, Tonnage of Vessel: 18 Gross Tons''.
(3) Intended use for vessel, including geographic region of
intended operation and trade. According to the applicant: ``Intended
use for this vessel is three-fold as follows: (1) Local knowledge
indoctrination sailings from Kemah, Texas (Clear Lake) to Galveston,
Texas (Galveston Island) including day sailing in the Gulf of Mexico
coastal region not to exceed 20 miles offshore for hire with not more
than four passengers. This indoctrination is designed to allow aspiring
sailors who have participated in sail training programs, to move from
inland waters to coastal and near-coastal environments with the
advantage of experienced Captain and Crew aboard. (2) Sail training for
American Sailing Association and US sailing Keelboat Certification
Systems in the Gulf of Mexico and neighboring coastal waters including
offshore passage making from Galveston Bay to Florida, Maine, Bahamas,
and limited areas of Mexico * * * (3) Owners' personal recreational
use.''
(4) Date and Place of construction and (if applicable) rebuilding.
Date of construction: 1977. Place of construction: Tamsui Taipei Hsien,
Republic of China.
(5) A statement on the impact this waiver will have on other
commercial passenger vessel operators. According to the applicant:
``This waiver will allow an additional Uninspected Passenger Vessel to
begin operations in the Galveston Bay area. Due to the targeted
customer base, the only impacts we can foresee in the use of this
vessel is its addition to the water traffic in the Clear Lake (Kemah
Inlet) and Galveston Bay (Houston Ship Channel) waterways, and the
addition of a Captained Charter Vessel in the area. After extensive
research, we have found that existing operators are of the following
types: (1) Inspected vessels that conduct short-duration bay cruises
for hire, (2) inspected vessels that conduct guided fishing excursions,
dinner cruises, or special event cruises for hire, (3) uninspected
vessels that conduct near-shore sail training in the Galveston Bay
direct regional area, (4) uninspected charter vessels where customers
may hire a Captain to operate the vessel. We feel our niche in the
market will not adversely affect any of the above operators.''
(6) A statement on the impact this waiver will have on U.S.
shipyards. According to the applicant: ``This waiver for a single
uninspected vessel with a passenger limit of six passengers will not
adversely impact U.S. shipyards in that U.S. shipyards currently build/
manufacture large quantities of vessels capable of performing the same
intended uses listed in (3) above. No attempt to broker, endorse, sell,
or advertise the vessel type and manufacturer in this waiver is
intended nor will it be made. We simply enjoy the vessel and wish to
use it in our business.''
Dated: March 19, 2002.
By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-7163 Filed 3-25-02; 8:45 am]
BILLING CODE 4910-81-P