[Federal Register Volume 67, Number 133 (Thursday, July 11, 2002)]
[Notices]
[Page 46020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17448]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-12709]


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 LUCKY LADY.

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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 August 12, 2002.

ADDRESSES: Comments should refer to docket number MARAD-2002-12709. 
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 
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: LUCKY LADY. Owner: Donald E. Beard.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``Length of Vessel: 45.6; Breadth: 15.0; Draft: 4.6; Gross 
Tonnage: 32 GRT; Net Tonnage: 25 NRT;''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant:
    ``Our intended use is to charter this vessel to those tourists who 
would like to see the coastline locally in Kachemak Bay and extending 
around the point to Seward, or from Homer to Kodiak. We would like to 
tour the coves and bays of the coastline and allow those tourists who 
would like an option other than Fishing and Hunting Charters to see and 
photograph Alaska. The vessel is designed for extended stays on board, 
complete with a skiff on her aft that can be used to travel into land 
for hiking, sightseeing, and photography. We intend to do overnight 
charters, extending to 7 day ``coastline tour'' charters, depending 
upon the desires of the clients. In essence we will be ``renting a 
Yacht''.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1970. Place of construction: Quebec, Canada.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``There are currently no commercial passenger vessel operators based in 
Homer who provide charters of this nature. The majority of operators 
run 8 hour Fishing Charters in a 6 pack vessel. Other vessels provide 
hunting charters where the vessel drops the hunters off in an area, 
then picks them up at a later date. The other option are the water 
taxi's, which deliver people to the ``other side'' of Kachemak bay, 
drop them off, and then later pick them up. This tourist group goes 
hiking, stays at one of the lodges, or visits one of the restaurants. 
Again, this is limited and does not allow the experience of traveling 
the coastline. There is a market open for those people who choose not 
to fish but would like to spend time on the ocean viewing and 
photographing our coastline. We have the vessel to cater to that 
market.'' ``We have received only positive feedback and support from 
the small passenger vessel operators in our area. Additionally, we have 
received positive comments from our local Chamber of Commerce and 
business owners, as our business will be contributing to our local 
economy.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``This will have no impact on 
U.S. shipyards. The Homer boat harbor consists primarily of 6 pack 
fishing charter vessels, commercial fishing vessels, large commercial 
vessels, and private use boats.''

    Dated: July 8, 2002.
    By order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-17448 Filed 7-10-02; 8:45 am]
BILLING CODE 4910-81-P