[Federal Register Volume 65, Number 76 (Wednesday, April 19, 2000)]
[Notices]
[Pages 21064-21065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9804]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2000-7246]


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 PUFFIN.

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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 Pub.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 May 19, 2000.

ADDRESSES: Comments should refer to docket number MARAD-2000-7246. 
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: 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 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 (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: Sailing Vessel PUFFIN. U.S. Documentation Number 697029. Owner: 
Thomas B. Brener.

[[Page 21065]]

    (2) Size, capacity and tonnage of vessel: According to the 
Applicant ``PUFFIN is a fractional sloop rigged sailing vessel 35.8 
feet in length with a gross registered tonnage of 9 tons pursuant to 46 
U.S.C. 14502. She has a 4.8' draft with a steadying and stable wing 
keel and a flush deck. She would carry no more than 6 paying 
passengers.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``My own 
approach to the teaching of sailing and exploration is specific and is 
not offered by any other organization or individual in the intended use 
areas in U.S. East Coast waters from Delaware Bay to Rhode Island and 
in the Atlantic Waters of South-Central Florida. A day or week aboard 
``PUFFIN'' will be an experience that combines the discovery of new 
places, fish, plants, animals and birds with the sense of sailing and 
the feel of the elements. It is my hope to be able to open up new 
vistas for anyone, including the physically challenged, the deaf and 
the blind. This particular vessel is an ideal vessel for the purposes 
of teaching sailing through feel and touch. She is a non-polluting, 
stable, small, shallow draft sailing platform capable of a long run 
offshore for those who may want to see a bird migration from a perch in 
the near coastal Atlantic Ocean. The cost for such an excursion would 
be about $300 a day including the captain.''
    (4) Date and place of construction and (if applicable) rebuilding. 
Date of construction: 1985, place of construction: Alkmaar, Holland.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: ``My 
own approach to the teaching of sailing and exploration is specific and 
is not offered by any other organization or individual in the intended 
use areas in U.S. East Coast waters from Delaware Bay to Rhode Island 
and in the Atlantic Waters of South-Central Florida.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``Given that this will be a 
small private enterprise working, at times, in conjunction with not-
for-profit concerns that would be performing a service that 
historically provides a very small financial return; there will be no 
impact on U.S. shipyards. U.S. production shipyards to not manufacture 
a vessel such as ``PUFFIN'' and the market for such a vessel is very 
small, possibly non-existent. The cost to build a similarly equipped 
vessel based on the attached survey would be $190,000. Given that the 
estimated return would net less than $15,000 per year after expenses, 
there is clearly no economic justification to construct a new vessel 
for this purpose.''

    By Order of the Maritime Administrator.

    Dated: April 14, 2000.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 00-9804 Filed 4-18-00; 8:45 am]
BILLING CODE 4910-81-P