01-28514. 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 Freelance.

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 December 14, 2001.

ADDRESSES:

Comments should refer to docket number MARAD-2001-10976. 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, S.W., Washington, DC 20590. Telephone [phone].

SUPPLEMENTARY INFORMATION:

Title V of Pub. L. 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 § 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: Freelance. Owner: Darrell and Jennifer Brand.

(2) Size, capacity and tonnage of vessel. According to the applicant: Freelance is a 39 foot Kadey-Krogen Trawler, Beam 14′2″, LOA 38′11″, LWL 36prime;8″;, Draft 4′3″, Displacement Weight #35,000 * * * Approx. 25 net tons.

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant:

“The intended use for the vessel will be coastal cruising in Florida, primarily in the Atlantic and Gulf Waters of the Florida Keys from Miami to the Dry Tortugas National Park.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: July 1998. Place of construction: Kaohsiung, Taiwan.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “I feel this waiver will not have any impact on other commercial passenger vessel operators. I only know of one operator in So. Florida with captained custom cruises and his vessel is much larger. There are many exclusive commercial fishing and dive charter boats in the area and Jennifer and I will not even attempt to duplicate the magnitude of their services. “The other reason that we will not have a major impact on existing operators is that we will limit ourselves to the occasional charter. We both have other jobs * * *.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “US Shipyards will not have any impact by Freelance operating in the custom cruise business. This boat was previously built over three years ago for another recreational boater and will continue to be used for recreational purposes the majority of the time.”

By Order of the Maritime Administrator.

Dated: November 7, 2001.

Joel C. Richard,

Secretary, Maritime Administration.