[Federal Register Volume 67, Number 58 (Tuesday, March 26, 2002)]
[Notices]
[Pages 13820-13821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7161]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-11873]


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 MISTLETOE.

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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

[[Page 13821]]

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 April 25, 2002.

ADDRESSES: Comments should refer to docket number MARAD-2002-11873. 
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 
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: MISTLETOE. Owner: Dr. & Mrs. Wesley A. Dunn.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``55 feet loa, beam 16', depth 5', Gross Tonnage 29, Net 
23''.
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``Florida 
Atlantic and Gulf coast Waters to Louisiana including adjacent waters. 
We plan primarily to do custom cruises for lunch, golf outings, or 
sunset dinner cruises in an upscale manner with an upper limit of 12 
and a Coast Guard Licensed Captain. We would also do overnight trips 
for no more than 4 passengers with appropriate licensed crew. We would 
anticipate doing some fishing, should our passengers wish, although we 
would not consider our yacht a charter fishing boat.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1994. Place of construction: Ping Tong, Taiwan.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``Impact on other local charter boats would be minimal. Charter boat 
operations in our area are primarily fishing charters involving smaller 
vessels. There are about 4 large boats that carry 30 or more passengers 
on daytime and sunset cruises. Neither type operation wold be in 
competition with our low volume, high-end market.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``this waiver would have no 
impact on US shipyards. We have been using US ship yards for our yearly 
haul outs, maintenance and repairs.''

    Dated: March 19, 2002.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-7161 Filed 3-25-02; 8:45 am]
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