[Federal Register: March 28, 2002 (Volume 67, Number 60)]
[Notices]
[Page 15006-15007]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr02-135]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number: MARAD-2002-11910]
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 HOLY MOSES.
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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 April 29, 2002.
[[Page 15007]]
ADDRESSES: Comments should refer to docket number MARAD-2002-11910.
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, S.W., 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: HOLY MOSES. Owner: David L. Williams Trust.
(2) Size, capacity and tonnage of vessel. According to the
applicant: ``L/O; 50'3"; Registered Length, LWL/45'8"; Beam: 15'6";
Draft: 4'6"; Tonnage: Net/40; Gross/50".
(3) Intended use for vessel, including geographic region of
intended operation and trade. According to the applicant: ``The vessel
will be used for . . . 1 to 10 day charters, with a maximum of six [6],
charter passengers on one day trips, and 1 to 3 charter passengers on
overnight charters. The vessel operates in the waters of Puget Sound,
USA . . . and Southern Alaska, USA.''
(4) Date and Place of construction and (if applicable) rebuilding.
Date of construction: 1981. Place of construction: Kaohsiung, Taiwan,
ROC.
(5) A statement on the impact this waiver will have on other
commercial passenger vessel operators. According to the applicant:
``The operation of HOLY MOSES Charters . . . will have ``0'' impact on
other charter operations in the San Juan Islands area of Puget Sound
because:
(a) Charter guests for the H/M operation have been and will be
derived from the charter customers of LinnLine Marine, Inc. ``which has
been in the sailing charter business in Hawaii since 1977. These
customers have chartered with us for many years and we have become good
friends and therefore compatible for extended charters.
(b) Our customers book with us because they wish to cruise with us
and are not nor would be available to other operators in the Northwest
area.
(c) H/M charter activity is limited to the summer months of June
thru September; and due to sleeping arrangements aboard the vessel, is
limited to a max of 3 charter guests for overnight trips, which
consists of 5 to 10 days in length and we limit these to 4 to 6
charters per season. These ``guests''. . . are ``friends''. . . since
they do contribute to the cost of the cruise are considered in the eyes
of maritime law, ``paying guests'' and I, by accepting said
contributions, I am . . . ``chartering''.
There are a number of large charter co.'s operating in the San Juan
Islands area . . . The larger companies have fleets of vessels and
offer both crewed and ``bare boat'' type's of charters. Again, there
will be no impact on their operations as stated above, 100% of our
guests are from my own past charters customers and not drawn from their
area.
(6) A statement on the impact this waiver will have on U.S.
shipyards. According to the applicant: ``a. There will be no negative
impact of US ship yards as the cost of producing a vessel of the class
quality and equipped as HOLY MOSES is, would be over three times the
amount that I have invested in the vessel. There is no possible way
that I could or would be able to afford to buy one. b. The positive
impact on US ship yards will be that I will be able to keep spending
money with them to have the vessel hauled and . . . maintained at least
once a year.''
Dated: March 22, 2002.
By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-7476 Filed 3-27-02; 8:45 am]
BILLING CODE 4910-81-P