[Federal Register Volume 65, Number 44 (Monday, March 6, 2000)]
[Notices]
[Pages 11828-11829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5345]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No: MARAD-2000-6998]


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 Ursa Major.

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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 5, 2000.

ADDRESSES: Comments should refer to docket number MARAD-2000-6998. 
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.

[[Page 11829]]

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: Michael Hokana, U.S. Department of 
Transportation, Maritime Administration, MAR 832 Room 7201, 400 Seventh 
Street, SW, Washington, DC 20590. Telephone 202-366-0760.

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 (less 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 
commentor's interest in the waiver application, and address the waiver 
criteria given in Sec. 388.4 of MARAD'S regulations at 46 CFR 388.

Vessel Proposed for Waiver of the U.S.-Build Requirement

    (1) Name of vessel and owner for which waiver is requested: Ursa 
Major, owner: V. Joyce Gauthier
    (2) Size, capacity and tonnage of vessel: 65 feet in length, 109 
gross tons, 87 tons net. Tonnage calculated for full displacement deep 
V trawler hull at time of initial documentation in 1982.
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``Vessel will 
be used for six to twelve passenger charters for individuals interested 
in touring the areas of the Puget Sound and Alaska near coastal 
areas.''
    (4) Date and place of construction and (if applicable) rebuilding. 
Date of construction 1972, place of original construction: hull in 
Norway, upper structures and interior in Malahide, County of Dublin, 
Ireland. Added information from the applicant: ``Reconstruction and 
major refits: Vessel has remained under U.S. citizenship ownership 
since construction and has had extensive refitting, repowering, hull 
work, and interior work done at various northeast shipyards (1972 to 
1978), Merrill Stevens Shipyard in Florida (1978 to 1992), Seaview East 
in Seattle (1999-2000 and future) and currently Brower Boat Inc. in 
Seattle (1999-2000 and future). Work in US shipyards since launch in 
1972 exceeds a minimum of 5 times its original cost and fair market 
value (average 1978 to 1992 was > $100,000 per year per prior owner and 
shipyard; 1994 to 2000 > $300,000).''
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``The Ursa Major will be joining her sistership, the Explorer, in 
providing custom yacht cruises in Pacific Northwest and Alaskan waters 
to promote the preservation of these classic full displacement wooden 
hulled North Sea Trawlers. Similar vessels, including sistership 
EXPLORER and Norwegian ROMSDAHL VIKING FJORD, have received 
congressional waivers of the coastwise trade laws for the purposes of 
doing charter cruises in Puget Sound and Southeast Alaska. These boats 
have provided access to the public to maritime environments for 
interested individual tour groups and offered quality maritime training 
to individuals seeking to gain skills of seamanship.
    The URSA MAJOR will be commanded by Captain Mike Fleming, formerly 
of the VIKING FJORD. Captain Fleming has a degree in oceanography from 
the University of Washington. He is a retired career officer of the 
National Oceanographic and Atmospheric Administration (NOAA) of the 
Department of Commerce and is responsible for charting much of 
Southeast Alaska and Prince William Sound waters. He is a former 
Commander of NOAA coast and geodetic vessels. He is very sensitive to 
the cultural and biologic aspects of the areas in which we will be 
touring. He embodies the approach to trade and activity that the URSA 
MAJOR will project as a commercial operation. We will work with 
environmental groups and special needs groups to provide access to 
unique environments as customized cruises and promote the safe and 
responsible use of our marine environment. Studies have indicated the 
growth rate of cruise ship passengers booking to Alaska to increase at 
the rate of 20% per year over the last decade. This growth in Alaskan 
tourism leaves room for the entrance of additional small vessel 
operators without having measurable impact on existing operators. Due 
to the small size of these vessels and their low environmental impact 
they are often welcomed into areas and communities not accessible to 
larger ships. The small and highly individualized nature of this 
operation and the increasing public interest in these types of low 
environmental impact nature tours makes it unlikely that this will have 
significant negative impact on any major cruise programs or other 
commercial operators.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``The URSA MAJOR has remained 
under private U.S. ownership as a recreational vessel throughout her 
life but is a perfect candidate for the near coastal trade waiver to 
allow her to support her own maintenance. As such, she will be 
available for enjoyment by the maximum number of individuals.
    As noted in Item 4 on reconstruction and major refits, the URSA 
MAJOR has had over five times her original cost reinvested in her 
renovation at U.S. shipyards to date. At this point in time no 
commercial U.S. shipyard is involved in construction of 65-foot wooden 
yachts. Therefore, granting this exemption to URSA MAJOR will have no 
impact on new vessel construction while providing commercial viability 
for this boat will assure continued marine repair work. It would not be 
economically feasible to construct a vessel of this type due to the 
lack of many of the woods and skills needed to replace her. Appropriate 
repair skills exist for wooden boats of this type in the Puget Sound 
region. This vessel remains a fine example of wooden boat building 
skills of the world and would allow many interested shipwrights, both 
professional and amateur, the opportunity to learn from her 
construction, her history, and sense the pride in being involved in her 
repair and maintenance. Her commercial viability will assure quality 
maintenance of this vessel for decades to come. The URSA MAJOR is 
currently completing a refit lasting over the last six years. This has 
been done exclusively at commercial Seattle shipyards amounting to over 
her fair market value.''

    Dated: February 29, 2000.
    By order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 00-5345 Filed 3-3-00; 8:45 am]
BILLING CODE 4910-81-P