[Federal Register Volume 67, Number 148 (Thursday, August 1, 2002)]
[Notices]
[Pages 49976-49977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19379]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-12956]


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 DOLPHIN.

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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 September 3, 2002.

ADDRESSES: Comments should refer to docket number MARAD-2002-12956. 
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

[[Page 49977]]

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: DOLPHIN. Owner: Adventures in Paradise, LLC.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``70.4 ft., 79 Gross Tons, 59 Net Tons.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``Planned 
operation of the vessel is as a luxury charter boat in Florida and the 
Caribbean in the winter, and New England from New York to Maine in the 
summer. As a member of the American Sail Training Association, it is 
expected that the boat will also be used for sail training programs for 
young adults and daysailing trips for disabled people, the blind and 
cancer patients through the Atlantic Challenger Foundation and the 
Maritime Challenge Foundation, both based in Rockland, Maine.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction and Place of construction: ``Built at the German 
Naval Shipyards in Swinemunde, Germany in 1943. Rebuilt in England in 
1962 and currently undergoing an extensive rebuild in Norwalk, 
Connecticut.''
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``There are very few operators of vessels even remotely similar which 
are large historic wooden schooners fitted out for luxury charters. 
Most other boats in this type of service are new and either fiberglass, 
aluminum or steel. Most of the luxury charter business is on modern 
powerboats and the portion which are on sailboats are on large steel or 
aluminum hulls which sail almost exclusively in the Mediterranean and 
Caribbean. Most of the very few historic old wooden sailing vessels are 
used exclusively for sail training and education and/or for day cruises 
out of one harbor.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``U.S. Shipyards are not 
building wooden boats of this type. Even modern steel or aluminum 
sailing vessels of this size are being built exclusively in other 
countries. The restoration, rebuilding, refit, repair and maintenance 
of this vessel will provide substantial work for U.S. Shipyards for 
many years.''

    Dated: July 26, 2002.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-19379 Filed 7-31-02; 8:45 am]
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