[Federal Register Volume 67, Number 155 (Monday, August 12, 2002)]
[Notices]
[Page 52516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20370]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-13049]


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 SAPPHIRE.

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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 11, 2002.

ADDRESSES: Comments should refer to docket number MARAD-2002-13049. 
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: SAPPHIRE. Owner: Albatroz, LLC.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``Length: 86.8 ft., Breadth: 21.6 ft., Depth: 9.8 ft., Gross 
Tonnage: 77, Net Tonnage: 23.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``The Company 
intends to charter the Vessel between Bar Harbor, Maine and Newport, 
Rhode Island and will carry no more than 12 passengers for hire.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1997. Place of construction: Makkum, Netherlands.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``The Company does not believe that any existing commercial passenger 
vessel operators that provide, or intend to provide, similar commercial 
services in the same geographic region would suffer any unduly adverse 
affect as a result of the proposed operations of the Vessel. The 
Company contacted two large charter managers servicing similar 
commercial service operators in the same geographic region. In the 
combined fleet of these charter management companies, there were only 
two sailboats offering commercial passenger operations in the area. 
Both charter management companies indicated a strong need and demand 
for additional sailboats ranging between 60'' and 120'' for coastwise 
trade in the region.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``The Company is aware of only 
one U.S.-vessel builder that has the capability and capacity to build a 
vessel similar to the Vessel. It is the opinion of the undersigned that 
this American builder would not suffer any unduly adverse affect as a 
result of this request of waiver of the coastwise trade laws.''

    Dated: August 6, 2002.
    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-20370 Filed 8-9-02; 8:45 am]
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