[Federal Register Volume 67, Number 60 (Thursday, March 28, 2002)]
[Notices]
[Pages 15006-15007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7476]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-11910]


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 HOLY MOSES.

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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 April 29, 2002.

[[Page 15007]]


ADDRESSES: Comments should refer to docket number MARAD-2002-11910. 
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, S.W., 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: HOLY MOSES. Owner: David L. Williams Trust.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``L/O; 50'3"; Registered Length, LWL/45'8"; Beam: 15'6"; 
Draft: 4'6"; Tonnage: Net/40; Gross/50".
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``The vessel 
will be used for . . . 1 to 10 day charters, with a maximum of six [6], 
charter passengers on one day trips, and 1 to 3 charter passengers on 
overnight charters. The vessel operates in the waters of Puget Sound, 
USA . . . and Southern Alaska, USA.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1981. Place of construction: Kaohsiung, Taiwan, 
ROC.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``The operation of HOLY MOSES Charters . . . will have ``0'' impact on 
other charter operations in the San Juan Islands area of Puget Sound 
because:
    (a) Charter guests for the H/M operation have been and will be 
derived from the charter customers of LinnLine Marine, Inc. ``which has 
been in the sailing charter business in Hawaii since 1977. These 
customers have chartered with us for many years and we have become good 
friends and therefore compatible for extended charters.
    (b) Our customers book with us because they wish to cruise with us 
and are not nor would be available to other operators in the Northwest 
area.
    (c) H/M charter activity is limited to the summer months of June 
thru September; and due to sleeping arrangements aboard the vessel, is 
limited to a max of 3 charter guests for overnight trips, which 
consists of 5 to 10 days in length and we limit these to 4 to 6 
charters per season. These ``guests''. . . are ``friends''. . . since 
they do contribute to the cost of the cruise are considered in the eyes 
of maritime law, ``paying guests'' and I, by accepting said 
contributions, I am . . . ``chartering''.
    There are a number of large charter co.'s operating in the San Juan 
Islands area . . . The larger companies have fleets of vessels and 
offer both crewed and ``bare boat'' type's of charters. Again, there 
will be no impact on their operations as stated above, 100% of our 
guests are from my own past charters customers and not drawn from their 
area.
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``a. There will be no negative 
impact of US ship yards as the cost of producing a vessel of the class 
quality and equipped as HOLY MOSES is, would be over three times the 
amount that I have invested in the vessel. There is no possible way 
that I could or would be able to afford to buy one. b. The positive 
impact on US ship yards will be that I will be able to keep spending 
money with them to have the vessel hauled and . . . maintained at least 
once a year.''

    Dated: March 22, 2002.
    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-7476 Filed 3-27-02; 8:45 am]
BILLING CODE 4910-81-P