[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Notices]
[Pages 12613-12614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5638]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No: MARAD-2000-7011]


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 KIRSTEN ANNE.

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[[Page 12614]]

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 P.L. 105-383 and MARAD's regulations at 46 CFR 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 10, 2000.

ADDRESSES: Comments should refer to docket number MARAD-2000-7011. 
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., S.W., Washington, D.C. 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: 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: Name of 
vessel: KIRSTEN ANNE, Owner: Robert and Laurie Lindsey.
    (2) Size, capacity and tonnage of vessel: The KIRSTEN ANNE measures 
48.5 feet in length and displaces 29 net tons, 33 gross tons. The 
capacity of the vessel is 12 passengers or less.
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``If a waiver 
is granted, we intend to use this vessel to carry passengers for hire 
on sailing wildlife/adventure cruises, scientific research charters, 
whale watching/videography, and Eco-tourism to the refuges and National 
Monuments in our area of opportunity. We will operate this vessel in 
the greater Kodiak Island Archipelago and Gulf of Alaska. Some 
anticipated offerings will be cruises of the Katmai coast and birding 
expeditions in the Kodiak area as well as the Alaska Peninsula. We look 
forward to offering the scientific community an affordable alternative 
for long-range /duration studies involving Stellar Sea Lions and 
seabirds.''
    (4) Date and place of construction and (if applicable) rebuilding. 
Date of construction: 1979, place of construction: Taiwan.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant:
    ``The Kodiak Island area is in its infancy of charter work with a 
small but competent group of operators who offer primarily fishing 
charters and hunting support. Although many of the vessels offer some 
Whale watching/Ecotourism type charters, there are no sailing vessels 
involved in charter work in the Kodiak area. Unofficially, halibut 
fishing is the largest group of charter operations, Salmon fishing 
would be second, and Hunter support is third and general sightseeing is 
the smallest segment of the charter fleet.
    We feel the economics are so marginal that we can only afford to 
offer this service because we were able to purchase our vessel for a 
very reasonable price. Already established in this area, we can 
subsidize the operation through startup with income from our other 
occupations. The only impact that a waiver will have on other 
operations in this area would be positive based on exposure, a service 
not previously offered and additional draw for tourists to visit 
Kodiak. The replacement value of our vessel is approximately $380,000. 
If that were the only way to start a sail charter operation, it would 
not be economically feasible in this market.
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``The effect a waiver on local 
shipbuilding /repair in this area would be positive because we will be 
using our vessel more than we do now which will have the effect of 
revenue for local businesses. We anticipate some additional equipment 
may be necessary to begin operations. This equipment will be contracted 
with locally owned businesses and purchased in Kodiak. Should we need 
any modifications or repairs to the boat as our business grows, we will 
use local shipyards and chandlers. There is no shipbuilding other than 
small one-off aluminum boat shops on Kodiak Island and no large boat 
builders in the state of Alaska. When our operation becomes successful, 
we anticipate the need for an American built sailboat designed 
specifically for this area. Our concept of this vessel would be 
approximately 65-80 feet in length displacing at least 50 tons. This 
new vessel will be an American built motorsailer with enhanced diving 
support and capable of extended cruises. Clearly, we are dedicated to 
this concept and feel that the only impact on shipbuilding would be 
positive.''

    Dated: March 3, 2000.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 00-5638 Filed 3-8-00; 8:45 am]
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