[Federal Register Volume 67, Number 145 (Monday, July 29, 2002)]
[Notices]
[Page 49060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19042]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-12913]


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 WESTWARD.

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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 August 28, 2002.

ADDRESSES: Comments should refer to docket number MARAD-2002-12913. 
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 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: WESTWARD. Owner: Sea Education Association (SEA).
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``LOA: 94 Feet, Beam: 22 feet, Draft: 12 feet, ITC tonnage: 
114 gross tons, 34 net tons.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``Upon 
receiving the waiver we intend to use the WESTWARD to carry no more 
than twelve passengers for hire throughout the United States coastal 
waters on an occasional basis to enhance our regular operations as a 
sailing school vessel. By U.S. coastal waters we include the U.S. east 
coast, west coast, Gulf of Mexico coast as well as the coastal waters 
of Hawaii and Alaska. Our SSV operations occur offshore throughout the 
Atlantic and Pacific waters most of the year but approximately 60 days 
may be spent operating with passengers for hire in the U.S. coastal 
waters. Any particular port visit is usually less than one week in 
length. The not more than 12 passengers would include people that SEA 
invites aboard based on their interest in our vessel and on board 
education research programs.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1961. Place of construction: Abeking-Rasmussen 
Shipyard in Lemwerder, Germany.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``Granting a waiver for the WESTWARD will have no adverse impact on 
other commercial passenger vessel operators for two reasons. First, we 
will invite only passengers with an interest in our specific vessel and 
programs and second; we will spend limited time in any one U.S. coastal 
port as our operations carry us throughout a vast latitudinal region 
annually.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``This waiver will have no 
negative impact on U.S. shipyards as we currently conduct all of our 
maintenance and repair in U.S. shipyards. It is possible that we will 
use a wider variety of U.S. shipyards than the three where we currently 
work.''

    Dated: July 23, 2002.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-19042 Filed 7-26-02; 8:45 am]
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