[Federal Register Volume 67, Number 158 (Thursday, August 15, 2002)]
[Notices]
[Pages 53387-53388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20775]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2002-13087]


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 GERDA III.

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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 16, 2002.

ADDRESSES: Comments should refer to docket number MARAD-2002-13087. 
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 Pub. L. 105-383 provides 
authority to the Secretary of Transportation to administratively waive 
the U.S.-build

[[Page 53388]]

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: GERDA III. Owner: Museum of Jewish Heritage.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``GERDA III's principle dimensions are: Length 39'9", Beam 
14', Draft 5'10". The vessel measures 14 Net tons.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant:
    ``We are seeking an Administrative Waiver of Coastwise Trade Laws 
of the United States in order for GERDA III to be considered an 
Uninspected Passenger Vessel carrying six or fewer passengers. While 
the vessel is primarily a static exhibit, we wish to occasionally carry 
persons other than crew on short day voyages. In strict interpretation 
of Coastwise Laws these persons other than crew would be construed as 
passengers--``consideration'' possibly being a condition of their 
carriage. This consideration could be in the form of past, present or 
future donations of money, goods or services to the owner of the 
vessel. The purposes of these occasional daysails would be fundraising 
and development. Limits of navigation would be between New York Harbor 
and Mystic, Connecticut.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1928. Place of construction: Denmark. ``Later 
rebuilt in 1992 by the Ring Anderson Shipyard in Copenhagen.''
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: ``We 
expect no direct impact on other commercial passenger vessel operations 
as a result of the granting this waiver. The vessel will remain 
principally a static exhibit and only operate as a six passenger 
Uninspected Passenger Vessel occasionally to attend events and 
festivals in within the geographical limits described above. It is 
anticipated the vessels will operate as a UPV fewer than twenty days 
per year. This operation will not be competitive with other operations 
and will not be widely promoted. It is anticipated operation will be 
limited to Museum members and other `inside' supporters. However this 
waiver will allow more flexible use of the vessel as a fundraising 
asset of the Museum and insure complete compliance with Coastwise 
Navigation Laws of the U.S.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``The granting of this waiver 
will have no negative impact on U.S. shipyards. Annual maintenance of 
GERDA III will continue as it has since the vessel arrived in the U.S. 
Daily caretaking responsibilities are performed by Mystic Seaport staff 
and volunteers at the duPont Preservation Shipyard at Mystic Seaport, 
with seasonal haulout performed by local boatyards and independent 
maintenance and repair contractors in southeastern Connecticut, adding 
to the maritime economy of this region.''

    Dated: August 9, 2002.
    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 02-20775 Filed 8-14-02; 8:45 am]
BILLING CODE 4910-81-P