[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Notices]
[Pages 50505-50506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19592]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-12977]


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 STEPHANIE ANN.

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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 September 3, 2002.

ADDRESSES: Comments should refer to docket number MARAD-2002-12977. 
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

[[Page 50506]]

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: STEPHANIE ANN. Owner: Brian P. Sweeney.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``Length 70 ft., Beam 23 ft., Draft 10 ft., Gross Tonnage 
85, Net Tonnage 68.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``Occasional 
charters along the west coast of the U.S.; we are expecting to do this 
a total of two (2) to four (4) weeks a year. Additionally, chartering 
in the Gulf of Mexico and along the Eastern Seaboard; we are expecting 
to do this one (1) or two (2) weeks every few years. Therefore we are 
requesting a waiver that is valid in all the U.S. waters. Intended 
operations will be mainly the west coast of the United States, from the 
Canadian border to the Mexican border, more specifically from the 
Seattle and the San Juan Islands south to San Diego Bay. Additionally, 
on occasion, once every few years, it is our intention that the boat 
will be in the Gulf of Mexico and the western seaboard. Therefore we 
are requesting a waiver that would be valid in all U.S. waters.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1998. Place of construction: Viareggio (Lucca), 
Italy.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``Given that we are expecting to charter the vessel for only two to 
four weeks a year, twelve (12) or less passengers, interested in longer 
day, or coastal cruises, the approval of this application will not have 
an adverse effect on existing passenger operators. This lack of impact 
is further supported given the large geographic region for which we are 
requesting the waiver; since the boat will only be available for 
charter two (2) to four (4) weeks of the entire year it is very 
unlikely that a charter each will originate multiple times from any one 
particular port and thus should have no effect on other commercial 
passenger vessel operators.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``This waiver will have no 
adverse effect on U.S. Shipyards; it in fact has a very positive fiscal 
impact. In the last twelve (12) months approximately $250,000.00 has 
been spent on maintaining and upgrading the vessel all of which was 
done in U.S. (San Diego) Shipyards. All maintenance and additional work 
on the vessel will be carried out in U.S. Shipyards.''

    Dated: July 30, 2002.
    By order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-19592 Filed 8-1-02; 8:45 am]
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