[Federal Register Volume 66, Number 1 (Tuesday, January 2, 2001)]
[Notices]
[Page 128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33445]



[[Page 128]]

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2000-8584]


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 NEELTJE.

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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 February 1, 2001.

ADDRESSES: Comments should refer to docket number MARAD-2000-8584. 
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: Gordon Angell, U.S. Department of 
Transportation, Maritime Administration, MAR-832 Room 7201, 400 Seventh 
Street, S.W., 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: NEELTJE. Owner: Bradley T. Marshall.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``L.O.A.--62 feet, L.O.D.--51 feet, Beam--12 feet, 
Displacement--35 tons.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``Yacht 
charters carrying not more than 12 passengers. Mr. Marshall uses the 
boat primarily for personal pleasure sailing. He intends to engage in 
occasional charter activity.'' Geographic region: ``Chesapeake Bay, 
Delaware River, Intracoastal Waterway from Norfolk, VA through Florida. 
Note--NEELTJE is suitable for inland waterway use only and will not 
engage in ocean charters.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1902. Place of construction: Waddinxveen, The 
Netherlands.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``This waiver will have no direct impact on other commercial vessel 
operators. This vessel will be used for small yacht charters. There are 
a large number of small vessels engaged in this type of charter, and 
the only possible impact would be a very small increase in competition. 
Most charter customers are very specific in seeking out charter vessels 
with exactly the characteristics and amenities they desire. NEELTJE is 
an antique cargo vessel that has been converted into a yacht and as 
such is unique. There are no other vessels of her type currently in the 
U.S. The vessel is traditionally rigged and as such is very difficult 
to sail. The vessel is also slow in light winds (under 12 knots), and 
will not be to everyone's liking. In fact, those who would be likely to 
charter a vessel like NEELTJE would be few and would have to have a 
specialized interest in sailing an antique vessel. The vessel's 
competitiveness is further limited by her flat-bottom design and 
absence of a keel, rendering her unsuitable for ocean sailing. As such, 
the impact NEELTJE would have on the modern yacht charter business 
would be negligible.''

    With regard to the operations of existing operators, there are 
no other vessels of NEELTJE's type currently in the U.S., although 
there are many other types of traditional sailing vessels engaged in 
the charter business in the specific geographic region. There are 
ample customers for such charter business that the impact on 
existing operators of the presence of another unique sailing vessel 
with limited appeal would be negligible.

    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``The only possible impact would 
be positive insofar as all future repairs and modifications will be 
done in U.S. boatyards. Since Mr. Marshall acquired the vessel three 
years ago he has already spent over $100,000 in U.S. boat repair 
facilities.''

    Dated: December 27, 2000.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 00-33445 Filed 12-29-00; 8:45 am]
BILLING CODE 4910-81-P