02-19591. 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 THORR with expanded geographic area of operation.

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 was initially received by MARAD and noticed by Federal Register on July 12, 2002 (Vol. 67, No. 134, page 46246). By further submission the applicant has amended the proposed geographic area of operation and this notice supercedes the original request and extends the comment period. 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 September 3, 2002.

ADDRESSES:

Comments should refer to docket number MARAD-2002-12725. 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: THORR. Owner: Mark S. Kulstad.

(2) Size, capacity and tonnage of vessel. According to the applicant: “44′2″ LWL, 50′6″ LOD, 41 gross tons, 33 net tons.”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: “The geographic region of intended use of the vessel for which waiver is being requested is Coastwise USA and Territories, with primary use between the West Coast of the United States and Seward Alaska. I intended to use THORR as my private yacht and offer one to two couples to share in that experience for a charter fee, within the region. I will charter on weekends and days off until my retirement in 5-10 years at which time I will begin to cruise the world.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1997. Place of construction: Taipei, Taiwan.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “None to minimal. There are no known boats operating in the region that do trips for just one to two couples. To the extent that there may be others, in fact that there will only be one to two couples on the boats means that the impact on others will be minimal to non existent.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “The issuing of this waiver will have no impact on U.S. shipyards. No U.S. shipyard markets a yacht less that 50 foot, capable of crossing an ocean, for an owner who wants to take the occasional guest for charter.”

Dated: July 30, 2002.

By order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.