02-20374. 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 MALENA.

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 11, 2002.

ADDRESSES:

Comments should refer to docket number MARAD-2002-13046. 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: MALENA. Owner: T&L Concepts, LLC.

(2) Size, capacity and tonnage of vessel. According to the applicant: “Size: 66′9″ LOA, 18′6″ Beam, 5′8″ Draft; Type: 71 Gross Tons, 57 Net tons; Capacity: Sleeps 6 to 8.”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: “3-14 day Charters with two Couples or Family of Six. We are currently doing bareboat charters but someday will like to change to Crewed Charters and be able to operate in US waters as Crewed Chartered Vessel. No fish caught from this Vessel are sold commercially.” “Operation and Trade area: Florida Keys, South Florida, Bahamas, US and British Islands.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1996. Place of construction: President Marine Intl., Taiwan.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “The impact on existing operators offering the same type of services will be negligible. Our Service area will remain the same as in Bareboat Chartering but will allow us to simplify the charter contract, add Professional Crew to operate the Vessel and pick up passengers from various South Florida Areas and cruise the Florida Keys or Bahamas. Currently there is a very limited number of Yachts in MALENA's category and size performing this type of Charter at this time.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “There will be a positive impact on U.S. shipyards due to the, added, annual income from the maintenance on our vessel. In addition we will be able to do most all of our maintenance in South Florida.”

Dated: August 6, 2002.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.