[Federal Register Volume 66, Number 164 (Thursday, August 23, 2001)]
[Notices]
[Pages 44434-44435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21237]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD 2001-10445]


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 44435]]

the Coastwise Trade Laws for the vessel SIDE BY SIDE.

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SUMMARY: As authorized by Public Law 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 Public Law 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 September 24, 2001.

ADDRESSES: Comments should refer to docket number MARAD 2001-10445. 
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 Public Law 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: SIDE BY SIDE. Owner: Ben and Marilyn Siebert.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``42 ft. 6 in. LOA / 24 ft. 8 in. beam / 42 in. draft; Gross 
Tonnage--22 tons / Net Tonnage--19 tons (US standard); Fuel Capacity--
100 gal / Water Capacity--212 gal.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``Day sails 
and multi-day charters, harbor tours, bareboat and crew, in South 
Florida between Key Largo and Palm Beach (exclusive).''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1992. Place of construction: Merignac, France.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``This Vessel will have negligible impact upon the Miami and South 
Florida operators. Currently, there are no catamaran day charters 
operating between Palm Beach and Key Largo (exclusive). All harbor 
cruises are currently done on large power yachts which can take up to 
100 passengers at $14.50 each, with loud music and a party atmosphere. 
`Side by Side' would cater to a more relaxed clientele, who prefer to 
sail with a small group in peace and quiet for approx. $25.00 per 
person. After diligent research, we could find no sailboats operating 
as short-term per-person sightseeing charters in Miami.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``We have made an exhaustive 
search for a US built day sailing catamaran. However, we have found 
that it is very difficult if not impossible to find a vessel that fits 
our requirements of being U.S. built and USCG approved. There are very 
few companies building catamarans, and any used boat is grabbed up 
before I have a chance to bid on a day sailing boat. Our old, Small 
boat will never supercede the nice and big cats being built, as it can 
only hold 12 passengers.''

    Dated: August 17, 2001.

    By order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 01-21237 Filed 8-22-01; 8:45 am]
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