[Federal Register Volume 67, Number 124 (Thursday, June 27, 2002)]
[Notices]
[Pages 43384-43385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16267]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-12540]


Requested Administrative Waiver of the Coastwise Trade Laws

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice of deadline for submitting waiver applications under 
existing waiver authority.

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SUMMARY: Pursuant to 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. However, MARAD's authority 
to grant waivers expires September 30, 2002. To allow adequate time for 
application processing and public comment, all new applications should 
be received by MARAD as soon as possible but no later than August 1, 
2002. Any certificate or endorsement already issued shall continue in 
effect until otherwise invalidated or revoked under chapter 121 of 
title 46, United States Code.

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, Section 27 of the 
Merchant Marine Act of 1920, as amended, 46 App. U.S.C. 883, 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.
    In order to implement the law, a set of procedures has been 
established to expedite waiver processing. As part of the application 
procedure MARAD requires a period of public notice, which includes the 
publication of applications for a waiver for 30 days for public review 
in the Federal Register.
    After the public notice period MARAD uses all sources available to 
determine if there will be an ``undue adverse affect'' on existing 
operators and boat builders. The waiver will not be issued if it is 
determined by MARAD that the action will unduly adversely affect 
operators of U.S.-built vessels or U.S. shipyards. Lastly, there is a 
review procedure and a waiver revocation process if the vessel's use 
changes substantially after the waiver is issued and the change causes 
adverse impact.
    It is MARAD's goal to make all waiver decisions by September 16, 
2002 to include the Maritime Administrator's 10-day recision period 
before waiver authority expires September 30, 2002.

Basic Eligibility Requirements

    (a) The vessel must have been built outside the United States and 
be at least three years old.
    (b) The vessel will not be allowed to carry more than 12 
passengers.
    (c) The vessel must be of at least 5 net tons and not registered 
under the laws of a foreign country.
    (d) The vessel's ownership must meet U.S. citizenship requirements.
    (e) The vessel must meet all other U.S. Coast Guard requirements 
for a Coastwise Trade Endorsement before it can engage in commercial 
service. It is the responsibility of the applicant to ensure a proposed 
vessel meets these standards. For information, please contact the Coast 
Guard's National Vessel Documentation Center on 1-800-799-8362.

How to Make Application

    Applications should reach us no later than August 1, 2002 since our 
waiver authority expires September 30, 2002. Also, because US Postal 
Service mail has been delayed in reaching our office since October 2001 
you may wish to use an alternate carrier to submit your request. Please 
apply in writing to the Maritime Administration at the following 
address. Secretary, Maritime Administration, MAR-120 Room 7210, 400 7th 
Street, SW., Washington, DC 20590.
    The application will be for an administrative waiver of the 
coastwise laws of the United States for an eligible vessel to carry no 
more than twelve (12) passengers for hire. The application need not be 
in any particular format, but must be signed and contain the following 
information:
    (a) Name of vessel including official or state registration number, 
and owner for which waiver is requested.
    (b) Size, capacity and tonnage of vessel (state whether tonnage is 
measured pursuant to 46 U.S.C. 14502, or otherwise, and if otherwise, 
how measured).
    (c) Intended use for vessel, including geographic region of 
intended operation and trade. [A good definition of the geographic 
region is important because it will assist MARAD in determining if the 
issuance of a waiver will have an adverse impact on current operators. 
The waiver, if granted, will limit the operation of the vessel to the 
geographic area specified by the applicant.]
    (d) Date and place of construction and (if applicable) rebuilding. 
(If applicant is unable to determine the origin of the vessel, foreign 
construction will be assumed).
    (e) Name, address, and telephone number of vessel owner.
    (f) A statement on the impact this waiver will have on other 
commercial passenger vessel operators, including a statement describing 
the operations of existing operators.
    (g) A statement on the impact this waiver will have on U.S. 
shipyards.
    You must enclose a non-refundable application fee for each waiver 
requested, in the form of a check or money order for $300, made out to 
the order of ``Maritime Administration--Transportation.''
    MARAD may ask additional questions of the applicant and, as part of 
the application review process, consider public comment, internal 
investigation and analysis, or any other sources or information deemed 
appropriate.

Process

    Your waiver request will be published in the Federal Register as 
soon as practicable for a period of 30 days for public comment. After 
the 30-day public comment period, MARAD will review all information 
available and issue a decision. It is our goal to make a decision on 
every application by September 16, 2002.
    A complete copy of the formal rule regarding this program can be 
found on the World Wide Web at http://dms.dot.gov. Once into the 
Document Management System, ``search'' under docket number 5915, the 
final rule appears as the last document entered, document 6.

    Dated: June 24, 2002.


[[Page 43385]]


By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-16267 Filed 6-26-02; 8:45 am]
BILLING CODE 4910-81-P