[Federal Register Volume 67, Number 58 (Tuesday, March 26, 2002)]
[Notices]
[Pages 13821-13822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7163]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-11874]


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 TRADEWINDS.

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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 April 25, 2002.

ADDRESSES: Comments should refer to docket number MARAD-2002-11874. 
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 
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

[[Page 13822]]

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: Tradewinds. Owner: Jay Hill, Daniel Tingley and Pam 
Tingley.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``Size of vessel: 37.9', Capacity of Vessel: 14 Net Tons or 
32 persons, Tonnage of Vessel: 18 Gross Tons''.
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``Intended 
use for this vessel is three-fold as follows: (1) Local knowledge 
indoctrination sailings from Kemah, Texas (Clear Lake) to Galveston, 
Texas (Galveston Island) including day sailing in the Gulf of Mexico 
coastal region not to exceed 20 miles offshore for hire with not more 
than four passengers. This indoctrination is designed to allow aspiring 
sailors who have participated in sail training programs, to move from 
inland waters to coastal and near-coastal environments with the 
advantage of experienced Captain and Crew aboard. (2) Sail training for 
American Sailing Association and US sailing Keelboat Certification 
Systems in the Gulf of Mexico and neighboring coastal waters including 
offshore passage making from Galveston Bay to Florida, Maine, Bahamas, 
and limited areas of Mexico * * * (3) Owners' personal recreational 
use.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1977. Place of construction: Tamsui Taipei Hsien, 
Republic of China.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``This waiver will allow an additional Uninspected Passenger Vessel to 
begin operations in the Galveston Bay area. Due to the targeted 
customer base, the only impacts we can foresee in the use of this 
vessel is its addition to the water traffic in the Clear Lake (Kemah 
Inlet) and Galveston Bay (Houston Ship Channel) waterways, and the 
addition of a Captained Charter Vessel in the area. After extensive 
research, we have found that existing operators are of the following 
types: (1) Inspected vessels that conduct short-duration bay cruises 
for hire, (2) inspected vessels that conduct guided fishing excursions, 
dinner cruises, or special event cruises for hire, (3) uninspected 
vessels that conduct near-shore sail training in the Galveston Bay 
direct regional area, (4) uninspected charter vessels where customers 
may hire a Captain to operate the vessel. We feel our niche in the 
market will not adversely affect any of the above operators.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``This waiver for a single 
uninspected vessel with a passenger limit of six passengers will not 
adversely impact U.S. shipyards in that U.S. shipyards currently build/
manufacture large quantities of vessels capable of performing the same 
intended uses listed in (3) above. No attempt to broker, endorse, sell, 
or advertise the vessel type and manufacturer in this waiver is 
intended nor will it be made. We simply enjoy the vessel and wish to 
use it in our business.''

    Dated: March 19, 2002.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-7163 Filed 3-25-02; 8:45 am]
BILLING CODE 4910-81-P