[Federal Register Volume 66, Number 73 (Monday, April 16, 2001)]
[Notices]
[Pages 19601-19602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9331]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2001-9392]


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

[[Page 19602]]

the Coastwise Trade Laws for the vessel Reality Check.

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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 May 16, 2001.

ADDRESSES: Comments should refer to docket number MARAD-2001-9392. 
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, S.W., 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 
Sec. 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: Reality Check. Owner: William N. Olson.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``The size of the sailing vessel is 39.4 feet long with a 
breadth of 24.9 feet and depth of 6.5 feet. Her gross tonnage is 15 
with a net tonnage of 13 measured pursuant to 46 U.S.C. 14502.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``The 
intended use is to educate passengers, day and overnight sails very 
similar to the bare boat charters with the exception of providing a 
knowledgeable captain to ensure the safety and enjoyment of the 
experience. The geographic area intended is the Texas Coast including 
its waterways and tributaries and the Florida Coast including its 
waterways and tributaries and points in between.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1993. Place of construction: South Africa.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``There is currently no charter boat service that offers education or 
overnight excursions providing a knowledgeable captain/instructor to 
provide the expertise and safety throughout the excursion and I see no 
negative impact on the existing commercial passenger vessel services 
available. The existing services observed are: (a) One-to four-hour 
excursions that provide a sightseeing boat ride. These people are 
looking for a simple, low cost boat ride (around $25.00 per person) and 
would not be interested in chartering a sailing vessel such as mine. 
There is no impact with these vessels or businesses. (b) There are the 
large private party yacht charters for large groups larger than 12 
passengers, generally a small group of twelve (12) people or less would 
not consider chartering one of these large private party yachts due to 
the cost of such charter. If these people would be interested in such a 
private yacht charter, they would not be interested in chartering my 
sailing vessel. (c) Passenger and car ferries transport passengers 
between predetermined ports. There is no impact with these vessels or 
businesses. (d) Water taxis used for the same purpose as land taxis, 
taking passengers from one place to another. Any passengers interested 
in hiring my vessel for such purpose would be similar to hiring a 
limousine for a time period and not be interested in using the taxi 
service. There is no impact with these vessels or businesses. (e) Bare 
boat chartering does offer similar sailing vessels for people to 
charter, but the safety and experience is left up to the individuals 
chartering the boat. The passengers are required to take total control 
and responsibility of the charter boat. This total control and 
responsibility would probably be enough to discourage them from 
chartering a boat, and they would not use their service. Therefore, 
there is no impact with these charter boats or businesses.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``This waiver will have no 
impact on U.S. shipbuilders or shipyards.''

    Dated: April 10, 2001.

    By order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 01-9331 Filed 4-13-01; 8:45 am]
BILLING CODE 4910-81-P