[Federal Register Volume 67, Number 134 (Friday, July 12, 2002)]
[Notices]
[Pages 46246-46247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17502]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-12725]


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 THORR.

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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-2002-12725. 
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.

[[Page 46247]]

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: THORR. Owner: Mark S. Kulstad.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``44'2"LWL, 50'6"LOD, 41 gross tons, 33 net tons"
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant:
    ``I intent to use THORR as my private yacht and offer two (2) to 
six (6) guests to share in that experience for a fee. I intent to 
continue to cruise between Seward Alaska, the Prince William Sound and 
as far west as Kodiak in the summer. The number of day's operation will 
be limited to the weekends and my days off. My trips will be overnight 
and three to four days. In September of each year I intend to take 
THORR down to the South East Alaska for winter lay up and return to 
Seward in May of each year. I would like to offer (2) to four (4) 
guests to accompany me on these two trips per year for a fee.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1997. Place of construction: Tapei, Taiwan.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``The impact I will have on other commercial passenger vessel operators 
should be non-existent. I am owner operator offering 20 to 30 trips a 
year. I intend to take two to six guests per trip, not because of 
regulation of economy but because I like to sleep in my own bed. With 
the hundreds of thousands of visitors to Alaska in the summers my few 
guests will have no effect on anyone. Currently out of Seward there are 
no overnight two to six person yacht operators. There are two operators 
that take out 15 to 20 guests on overnight, sightseeing trips, one 
operating out of Cordova, and one of Whittier. Out of Seward Kenai 
Fjord tours, Major marine tours, and Renown Charters offer sightseeing 
day trips for large groups (25 to 200+). There are also many fishing 
charters that take out 6 to 25 fishers on daily fishing trips, but 
THORR is not a fishing boat, it's a luxury yacht, we don't fish. Out of 
Whittier, Valdez, Cordova, Homer, Kodiak, and considering my 2 trips 
per year, Juneau, Ketchikan, and Sitka, there are similar large 
sightseeing tours, fishing charter and large overnight sightseeing 
charters. I'm sure there a few other small charters similar to my 
intended operation but with the vast number of tourists, friends, 
associates, and personal contacts I'm sure I will have no impact on 
those operators.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``The issuing of this waiver 
will have no impact on U.S. shipyards. No U.S. shipyard markets a yacht 
less that 50 foot, capable of crossing a ocean, for an owner who wants 
to take the occasional guest for charter.''

    Dated: July 8, 2002.
    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-17502 Filed 7-11-02; 8:45 am]
BILLING CODE 4910-81-P