01-16513. 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 Jule III.

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 August 1, 2001.

ADDRESSES:

Comments should refer to docket number MARAD-2001-10012. 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: Jule III. Owner: Robert E. Todd.

(2) Size, capacity and tonnage of vessel. According to the applicant: “The sailing vessel Jule III is a 38 foot length overall ketch. Passenger capacity is limited to 5 passengers given the cockpit and berthing constraints. Net tonnage is 11 tons (determined by Atlantic Boat Document Inc, 58 Leeland Rd, Edgewater MD, 21037).”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: “Non bareboat charter; multi-mast sail training; onboard maritime electronics and communications training; Chesapeake Bay (concentration below West River); Florida East Coast (training only.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1978. Place of construction: Arnis/Schlei, Germany.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “The applicant believes that the intended commercial operations of the sailing vessel Jule III will have no adverse effect on other commercial operations for the following reasons:

a. Our major regions (please refer to (8) above) do not have significant commercial operations relative to Jule III's intended use. Non-bareboat Charter (i.e., charter with licensed master) is very uncommon below Annapolis in Maryland and above Norfolk in Virginia.

b. Training specializing in multi-masted sailing vessels of Jule III's size (38 foot ketch) is not routinely conducted in the section 8 regions. Onboard electronics and communications training by a licensed FCC operator is not routinely conducted in the section 8 regions.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “The applicant believes that approval of the requested waiver will have no impact on United States vessel builders for the following reason: United States vessel builders no longer routinely build or advertise multi masted sailing vessels in the size category of the Jule III (38 feet). Multi masted sailing vessels below 50 feet have not been common since the early 1990's.”

Dated: June 26, 2001.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.