[Federal Register: August 12, 2002 (Volume 67, Number 155)]
[Notices]
[Page 52513-52514]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au02-117]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number: MARAD-2002-13047]
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 LADYHAWKE.
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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 September 11, 2002.
ADDRESSES: Comments should refer to docket number MARAD-2002-13047.
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
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: LADYHAWKE. Owner: Steve Kirven.
(2) Size, capacity and tonnage of vessel. According to the
applicant: ``The length of vessel while on hover is 39 feet and off
hover is 35 feet. The width of vessel while hovering is 19 feet and off
hover is 14 feet. The height of vessel while hovering is 11 feet and
off hover is 8 feet. The tonnage is 8.15 tons. Since this is not a
normal hull design, I am not sure how tonnage measurements were take.
The gross all up weight on vessel is 18,000 lbs.''
(3) Intended use for vessel, including geographic region of
intended operation and trade. According to the applicant: The intended
use of the vessel is to operate as a tour boat offering tours in
shallow waters where other vessels cannot operate. This craft rides on
a cushion of air 30 inches above the surface producing no wake and
having no negative impact on the environment.'' ``The geographic region
for the operation is the Miami, Biscayne Bay, and Keys area, located in
Dade and Monroe Counties in the state of Florida. I would be providing
tours in and around many of the small islands and areas not accessible
by other conventional boats. There are no existing commercial
hovercraft operators in this area.''
(4) Date and Place of construction and (if applicable) rebuilding.
Date of construction: 1994. Place of construction: Australia.
(5) A statement on the impact this waiver will have on other
commercial passenger vessel operators. According to the applicant:
``The insurance of this waiver will not impact other commercial
passenger vessel operators, as there are no existing commercial
hovercraft operators in this area. I will be providing tours in shallow
water areas where other commercial convention vessels cannot operate.
The only other commercial hovercraft operation in the United States is
located in Alaska. In the area I propose to operate, there are several
tour boat operators running sailing tours, deep sea fishing, dinner
cruises, dive boats and thrill rides. None of these vessels can operate
where I would be providing scenic tours.''
(6) A statement on the impact this waiver will have on U.S.
shipyards. According to the applicant: ``This waiver will have no
impact on existing U.S. shipyards. There are several builders of
recreational hovercraft throughout the United States building 1 and 2
passenger craft. My research indicates there are no commercial builders
of hovercraft in the 12-20 passenger range that can be U.S. Coast Guard
inspected. A proven design is imperative. There are builders of much
larger craft that are used by the U.S.
[[Page 52514]]
military such as General Dynamics and Bell Textron.''
Dated: August 6, 2002.
By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-20365 Filed 8-9-02; 8:45 am]
BILLING CODE 4910-81-P