[Federal Register Volume 67, Number 28 (Monday, February 11, 2002)]
[Notices]
[Pages 6321-6322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3259]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2202-11477]


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 PHENIX.

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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 March 13, 2002.

ADDRESSES: Comments should refer to docket number MARAD-2002-11477. 
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 
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: PHENIX. Owner: Kevin Smith.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``length 31.6 feet, breadth 16 feet, catamaran sailboat; 
Capacity: up to 10 passengers; Tonnage: 9 gross tons''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: The vessel 
will be used for sailing lessons geared toward teaching how to sail a 
cruising catamaran. The vessel will also be available for hire to 
private companies for client entertainment purposes. The geographic 
region of operation is southern Lake Michigan only.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1995. Place of construction: Whitby, Ontario, 
Canada.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: ``I 
believe that this waiver will have no impact on any current commercial 
passenger vessel operators, as my research has found that there are 
currently no operators in the area offering sailing lessons geared 
toward cruising catamarans. Also, there are no operators that I am 
aware of that cater specifically toward hiring a sailing catamaran or 
sailing vessel to private companies for client entertainment purposes. 
I do not intend to use the vessel for charters on a per person fee 
basis offered to individuals. The only customers will be private 
companies who hire the vessel for entertainment purposes.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards.

[[Page 6322]]

According to the applicant: ``I can think of no impact this waiver will 
have on U.S., shipyards. All repair work and storage of the vessel is 
performed, and will continue to be performed in U.S. yards.''

    Dated: February 5, 2002.

    By Order of the Maritime Administrator.
Murray A. Bloom,
Acting Secretary, Maritime Administration.
[FR Doc. 02-3259 Filed 2-8-02; 8:45 am]
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