[Federal Register Volume 66, Number 47 (Friday, March 9, 2001)]
[Notices]
[Pages 14250-14251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5901]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

Docket Number: [MARAD-2001-9051]


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 OCKHAM'S RAZOR.

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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 April 9, 2001.

ADDRESSES: Comments should refer to docket number MARAD-2001-9051. 
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: Kathleen Dunn, U.S. Department of 
Transportation, Maritime Administration, MAR-832 Room 7201, 400 Seventh 
Street, SW., Washington, DC 20590. Telephone 202-366-2307.

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: OCKHAM'S RAZOR. Owner: David M. Ahlers.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``11.7 GT (Measured according to 46 CFR 69.209 (a) ``vessel 
designed for sailing--GT=.5LBD.100" L=34'5"; B=11'6"; D=5'11")''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``Sailing 
instruction for not more than 12 passengers on Cayuga Lake (New York 
State Finger Lake)''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1983. Place of construction: Dorion, Quebec, 
Canada J7V 5V8.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant:

    No negative impact is expected on current sailing instruction 
operations on Cayuga Lake which are very limited to non-existent. I 
believe a positive impact on sailing education and safety is 
expected if this waiver is granted. A number of individuals, 
including the management of the Ithaca Yacht Club, have indicated 
that a formal course in the practical aspects of handling a cruising 
sailboat, particularly if a spouse is incapacitated or falls 
overboard or if weather conditions deteriorate suddenly, is needed 
locally and would be well received. As a life long sailor--both 
cruising and competitive racing, an experienced educator--Cornell 
University Graduate School professor and adult professional educator 
and a recent recipient of a 100 GT master Coast Guard License with a 
Sailing Endorsement, I believe I could successfully offer this type 
of course.
    For the past 18 years I have been sailing the Tanzer 10.5 for 
which this waiver is

[[Page 14251]]

being requested. Thus, I know the boat very well--a significant 
safety factor in an instructional program. In addition, this vessel 
is well founded and fully equipped, including inboard diesel power 
and all required Coast Guard safety gear. The pilothouse design 
permits operation under sail or motor from a protected internal helm 
or operation with the 360 degree visibility of an external helm. 
Despite its size, the Tanzer 10.5 is rigged to be sailed, even in 
extreme conditions, by a single person. The modified center cockpit 
design provides for a flat aft deck ideally suited as a place for 
beginners to be close to the action, but not at any risk from their 
inexperience. All winches are self-tailing and all lines have 
sufficient purchase to permit handling with a minimal effort. 
Anchoring systems are power driven and rigged for immediate 
deployment. Even though this cruising sailboat is 18 years old, I am 
not aware of any other cruising sailboat currently produced by a 
U.S. manufacturer, which would provide in a single vessel of this 
size these same safety and training advantages. Unfortunately, the 
Tanzer plants in the U.S. and Canada ceased operation over ten years 
ago. No new Tanzer 10.5's have been built in the U.S. or in Canada 
since then nor will any be built in the future.

    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``None.''

    Dated: March 2, 2001.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 01-5901 Filed 3-8-01; 8:45 am]
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