[Federal Register Volume 65, Number 242 (Friday, December 15, 2000)]
[Notices]
[Pages 78528-78529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32010]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2000-8518]


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 REFLECTION.

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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 January 16, 2001.

ADDRESSES: Comments should refer to docket number MARAD-2000-8518. 
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

[[Page 78529]]

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: Gordon Angell, U.S. Department of 
Transportation, Maritime Administration, MAR-832 Room 7201, 400 Seventh 
Street, SW., Washington, DC 20590. Telephone 202-366-5129.

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: REFLECTION. Owner: Gary and Roxanna Wagner D.B.A. 
Blue Heron Charters, Inc., a New York Corporation.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``REFLECTION is a cutter rig sailboat. 44'5" LOA, 35'4" LWL, 
13' Beam, 6' draft, Displacement 23,400 lbs. With a keel of 10,300 
lbs.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``We intend 
to engage in day and overnight charters of 6 passengers or less (OUPV). 
These will be of the ``Black Tie'' Day Sail and Custom overnight 
charters in the Coastal waters of the Northeast US.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1976. Place of construction: Oakhill, Ontario.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``Sailing vessel REFLECTION will have negligible impact on activities 
in the Northeast as our intention is to provide service for 6 
passengers or less as a day sail activity in the New Jersey/New York 
area waters and as an overnight ``Black Tie'' custom charters for 4 or 
less passengers. This activity will take place probably no more than 
four (4) or five (5) times per month. To our knowledge there is no 
sailing vessel making these cruises out of the Atlantic Highlands, New 
Jersey area. We have found only one (1) making day sails out of a New 
York City Harbor. Our intention is to sail out of a New Jersey 
location. We have found no OUPV charters running out of the Long Island 
Sound area sailing toward the Block Island waters. We have found no 
OUPV charters running out of the New Jersey area sailing toward the 
Cape May waters. We feel that the impact of our activities is of 
minimal or negligible impact to any activities currently in service in 
the Northeast waters of the U.S.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``Sailing vessel REFLECTION will 
be serviced by small boatworks in the northeast. Current plans are to 
continue with relationships currently established with the Brewer Yards 
in Glen Cove, New York; Carriage House in Seabright, NJ; Marine Engine 
Service in New Jersey; and Bock Marina in Beaufort, North Carolina. 
These yards permit us to work on systems ourselves and where our 
expertise is ``short'' provide professional experts in a variety of 
boat maintenance and service disciplines. We feel that our impact will 
be minimal but of a positive nature as these yards (and others we will 
use as the occasion arises) use U.S. domestic labor and certified 
service providers.''

    Dated: December 12, 2000.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 00-32010 Filed 12-14-00; 8:45 am]
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