[Federal Register: June 25, 2002 (Volume 67, Number 122)]
[Notices]               
[Page 42843]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn02-108]                         

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-12536]

 
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 IN THE MOOD.

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SUMMARY: As authorized by Public Law 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 Public Law 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 July 25, 2002.

ADDRESSES: Comments should refer to docket number MARAD-2002-12536. 
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 Public Law 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: IN THE MOOD. Owner: Don and Judith Ann Durant.
    (2) Size, capacity and tonnage of vessel. According to the 
Certificate of Documentation: Gross tonnage: 36; Net tons: 28; Length: 
42.3; Breadth: 15; Depth: 8.5.
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``The 
intended use is to offer training in the operation of single engine 
trawler yachts and crewed charters for six passengers or less. The 
proposed area of navigation is United States Pacific coastal and inland 
waters from the Mexican border to and including Alaska, no more than 
200 miles offshore.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1985. Place of construction: Taiwan, ROC.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``The vessel owners own and operate Club Nautique, a California 
corporation engaged in offering operator training, bareboat and crewed 
charters, and other yacht services. Club Nautique currently offers 
operator training and charters in semi-displacement trawler yachts. The 
company would like to offer training and charters in full displacement 
trawlers, but knows of none suitable for the purpose built by U.S. boat 
yards. The applicant * * * believes the granting of a waiver will have 
little or no impact on other commercial passenger vessel operators.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``The applicant believes the 
granting of a waiver will have little or no impact on U.S. shipyards, 
as no domestic yacht builders are currently offering a vessel of this 
type.''

    Dated: June 19, 2002.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-15996 Filed 6-24-02; 8:45 am]
BILLING CODE 4910-81-P