[Federal Register: March 9, 2001 (Volume 66, Number 47)]
[Notices]               
[Page 14246-14247]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr01-147]                         

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2001-9047]

 
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 STEP TWO.

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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 9, 2001.

ADDRESSES: Comments should refer to docket number MARAD-2001-9047. 
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 
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: STEP TWO. Owner: Glenn & Linda Westervelt.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``Size of Vessel--Length: 46.2', Beam 14.5", Tonnage of 
Vessel--Gross: 29, Net 23.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant:

    The vessel would be used as a ``Boat & Breakfast'' of sorts, 
with the clients keeping the boat in one marina for a week-end or 
weekly period. Or they would be given the option charter similar to 
a bareboat situation, which I understand is presently allowed. The 
difference from a bareboat situation would be that a Licensed 
Captain would be aboard to do the navigation in order to protect our 
investment. The charterers would pick from a number of destinations 
and itinerary to suit their needs and desires. As a minor or side 
opportunity, the vessel would be available for private sunset 
cruises or inshore fishing excursions. We plan to base the operation 
of the vessel out of Atlantic City, New Jersey for the summer 
months, beginning in the latter part of June and ending in 
September. Depending on the period of charter, clients would have a 
range of destinations from New York City down the coast to Ocean 
City, Maryland including Delaware Bay and Philadelphia, 
Pennsylvania.

    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1985. Place of construction: China.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant:

    Research has found that there are no other commercial vessels 
operating a venture of this nature in the Atlantic City and Southern 
New Jersey area. We are not aware of any bareboat vessels. There are 
about a dozen commercial fishing vessels taking passengers for hire 
out of Absecon Inlet. Our vessel is a slow trawler and is not really 
set for serious fishing. Therefore, we should not impede on any 
other operator. This is due also to the fact that fishing will only 
be a minor side attraction to what we are offering. Since we live 
aboard, this business is only a part-time operation to help defray 
the cost of maintaining our floating home. In order not to create 
too much of a hardship on our boat and ourselves, we haved set a 
limit of a dozen charters a season, if in fact, we are fortunate 
enough to reach that goal. Therefore, we should not impose a threat 
to any operation working full-time.

    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant:


[[Page 14247]]


    To our knowledge, this would have little or not effect on U.S. 
Shipyards. In fact, this operation could be deemed an enhancement to 
local yards that will be helping to maintain this vessel, with the 
additional wear and tear associated with operating this venture. 
Presently, these vessels are already permitted to operate as 
bareboat entities. The only change we are attempting to make is the 
addition of a professional Captain, which should be a desired 
attribute to avoid incidents on the water.

    Dated: March 2, 2001.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 01-5897 Filed 3-8-01; 8:45 am]
BILLING CODE 4910-81-P