[Federal Register Volume 66, Number 120 (Thursday, June 21, 2001)]
[Notices]
[Pages 33296-33297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15640]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2001-9949]


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 CHALLENGE BUSINESS 
28.

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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 July 23, 2001.

ADDRESSES: Comments should refer to docket number MARAD-2001-9949. 
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.

[[Page 33297]]


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 
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: CHALLENGE BUSINESS 28. Owner: Challenge Business, Ltd.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``66.24' long, has a breadth of 17.32' and a depth of 8.6'. 
Under our Simplified Admeasurement Rules, (46 CFR part 69), the yacht 
has a gross tonnage of 46.2 and a net tonnage of 41.62.
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``The yacht 
will be used to generate interest in sailing boats of this type around 
the world in a race called the New World Challenge 2002. Ordinary 
people, from all walks of life, will become members of the crew on 10 
newer, slightly larger boats that will sail from the United Kingdom to 
Boston, MA, then New York, Buenos Aires, Argentina, around Cape Horn to 
Chile, San Diego and finally to San Francisco. The interest, love and 
excitement of sailing such boats, in difficult conditions, over a 
period of approximately 10 months, will be supported by a number of 
corporate sponsors who expect to benefit from the team building aspect 
of the race and the publicity that the race will generate. To foster 
interest in the race among potential sponsors and supporters of the 
race, the yacht will be used as an information and training platform. 
The owner intends to take members of the press, and other media, on the 
boat to experience what it will be like to sail a boat of this type in 
this race. Similarly, the owner wishes to take potential and actual 
sponsors and supporters of the race on the boat for the same purpose. 
None of the press, media, and supporters will be asked to pay anything 
for sailing aboard this yacht. But, we have been advised that unless 
the boats sail ``voyages to nowhere'' (i.e. three miles from port and 
back again), that some of these activities would be violative of U.S. 
coastwise laws. This yacht will be based in Boston, MA, and may be 
sailed anywhere along the East Coast of North America.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1992. Place of construction: United Kingdom.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``This activity will have absolutely no impact on the operations of any 
commercial passenger operations. This boat had been used in another, 
similar race promoted by Challenge Business. The yacht is very similar 
in size, design, sail area and handling characteristics to the 10 boats 
that will be competing in the race. Thus, it is one of the most 
representative, and one of the few ``experienced'', boats and could be 
used for the intended purpose. Further, this boat and the others 
employed in the Challenge Business race are very unique. This project 
brings together ordinary people, the corporate and non-profit 
communities, and fully involves them in sailing one-design-boats in a 
sailing experience that is not duplicated anywhere in the world. No 
existing commercial vessel operated by anyone else can fill this 
role.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``Similarly, the proposed 
activity will have absolutely no impact on U.S. shipyards. This yacht 
is uniquely valuable in that it has been raced under similar 
conditions, in a similar race while manned by individuals who had 
little, if any, sailing experience, before sailing aboard such a yacht. 
This yacht most accurately represents the look, feel and impact that 
the 10 yachts in the race will have on the sailors, media, press, 
sponsors and supporters. Given its historical connection to a similar 
race, no newly built U.S. yacht could preform the proposed activity. 
Further, we are not aware of any similar yachts currently under 
construction in the U.S.''

    Dated: June 18, 2001.
    By order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 01-15640 Filed 6-20-01; 8:45 am]
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