02-7161. 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 MISTLETOE.

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 April 25, 2002.

ADDRESSES:

Comments should refer to docket number MARAD-2002-11873. 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 [phone].

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 § 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: MISTLETOE. Owner: Dr. & Mrs. Wesley A. Dunn.

(2) Size, capacity and tonnage of vessel. According to the applicant: “55 feet loa, beam 16′, depth 5′, Gross Tonnage 29, Net 23”.

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: “Florida Atlantic and Gulf coast Waters to Louisiana including adjacent waters. We plan primarily to do custom cruises for lunch, golf outings, or sunset dinner cruises in an upscale manner with an upper limit of 12 and a Coast Guard Licensed Captain. We would also do overnight trips for no more than 4 passengers with appropriate licensed crew. We would anticipate doing some fishing, should our passengers wish, although we would not consider our yacht a charter fishing boat.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1994. Place of construction: Ping Tong, Taiwan.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “Impact on other local charter boats would be minimal. Charter boat operations in our area are primarily fishing charters involving smaller vessels. There are about 4 large boats that carry 30 or more passengers on daytime and sunset cruises. Neither type operation wold be in competition with our low volume, high-end market.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “this waiver would have no impact on US shipyards. We have been using US ship yards for our yearly haul outs, maintenance and repairs.”

Dated: March 19, 2002.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.