02-5641. 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 ANOTHER REALITY.

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 April 8, 2002.

ADDRESSES:

Comments should refer to docket number MARAD-2002-11737. 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 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: ANOTHER REALITY. Owner: Edward C. Miller and Margaret A. Miller.

(2) Size, capacity and tonnage of vessel. According to the applicant: “43′ * * * 22 gross tons * * * with a capacity of 10 people.”

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

* * * I wish to start a part time charter business to take six passengers or less on trips from Key Biscayne Florida to anywhere within a 100 mile north-south trek down to the Dry Tortugas or up to Stuart, Fl. These charters will be eco-tours, sunset cruises, sight seeing tours, snorkeling cruises and taxi services. It will eventually encompass the areas from the panhandle of Florida (around Pensacola) south to the Florida Keys and up the east coast to Maine * * *.

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1979. Place of construction: Taiwan.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant:

The waiver for Another Reality should have absolutely no impact on any businesses in any of the areas described above. It is strictly intended to be a part time business (at maximum 3 days a week or less). The majority of small vessel charters in my area are primarily fishing charters which I have no intention of doing.

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant:

There will also be no impact on any of the local shipyards. The vessel is 20 years old and has no competition for any currently built ships of its size and type.

Dated: March 4, 2002.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.