[Federal Register Volume 67, Number 155 (Monday, August 12, 2002)]
[Notices]
[Pages 52513-52514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20365]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-13047]


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 LADYHAWKE.

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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 11, 2002.

ADDRESSES: Comments should refer to docket number MARAD-2002-13047. 
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 
Sec. 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: LADYHAWKE. Owner: Steve Kirven.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``The length of vessel while on hover is 39 feet and off 
hover is 35 feet. The width of vessel while hovering is 19 feet and off 
hover is 14 feet. The height of vessel while hovering is 11 feet and 
off hover is 8 feet. The tonnage is 8.15 tons. Since this is not a 
normal hull design, I am not sure how tonnage measurements were take. 
The gross all up weight on vessel is 18,000 lbs.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: The intended 
use of the vessel is to operate as a tour boat offering tours in 
shallow waters where other vessels cannot operate. This craft rides on 
a cushion of air 30 inches above the surface producing no wake and 
having no negative impact on the environment.'' ``The geographic region 
for the operation is the Miami, Biscayne Bay, and Keys area, located in 
Dade and Monroe Counties in the state of Florida. I would be providing 
tours in and around many of the small islands and areas not accessible 
by other conventional boats. There are no existing commercial 
hovercraft operators in this area.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1994. Place of construction: Australia.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``The insurance of this waiver will not impact other commercial 
passenger vessel operators, as there are no existing commercial 
hovercraft operators in this area. I will be providing tours in shallow 
water areas where other commercial convention vessels cannot operate. 
The only other commercial hovercraft operation in the United States is 
located in Alaska. In the area I propose to operate, there are several 
tour boat operators running sailing tours, deep sea fishing, dinner 
cruises, dive boats and thrill rides. None of these vessels can operate 
where I would be providing scenic tours.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``This waiver will have no 
impact on existing U.S. shipyards. There are several builders of 
recreational hovercraft throughout the United States building 1 and 2 
passenger craft. My research indicates there are no commercial builders 
of hovercraft in the 12-20 passenger range that can be U.S. Coast Guard 
inspected. A proven design is imperative. There are builders of much 
larger craft that are used by the U.S.

[[Page 52514]]

military such as General Dynamics and Bell Textron.''

    Dated: August 6, 2002.
    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-20365 Filed 8-9-02; 8:45 am]
BILLING CODE 4910-81-P