01-5896. 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 PAPA II.

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 9, 2001.

ADDRESSES:

Comments should refer to docket number MARAD-2001-9049. 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: PAPA II. Owner: Jasper L. Shidler.

(2) Size, capacity and tonnage of vessel. According to the applicant: “PAPA II is 42 feet long with a breadth of 14.2 feet and a depth of 5 feet. Her gross tonnage is 19.6 tons. Tonnage was measured pursuant to 46 U.S.C. 14502 specifications.”

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

I intend to use this vessel to conduct day and evening, 1 day, or weekend charters which will involve sunset viewing, exploring local harbors and islands, and occasionally trolling a fishing line. It is not my intention to conduct a fishing charter business. The region in which I would like to operate is the coastal waters of Massachusetts, specifically between Rockport and Cape Cod.

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1972. Place of construction: Wallace, Nova Scotia, Canada.

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

Considering the type of activities I intend to conduct, and the area in which I intend to conduct them, I am confident that if this waiver is granted it will have no adverse effects upon commercial passenger vessel operators. The vessels operating in my area are; large whale watch vessels, commercial fishing vessels, large fishing vessels, and sport-fishing charter vessels.

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

The granting of this waiver will not affect the business of U.S. shipbuilders adversely. Ultimately, not granting this waiver will however, because it is my intention to start my operation using PAPA II and use the profits to help fund the eventual purchase of a U.S. built, more modern vessel, to conduct my business. Considering the activities I plan to pursue, a U.S. built vessel would best suit my needs, however, my current financial situation is impeding my goal. I see the use of PAPA II as my only viable option. As stated the granting of this waiver will have only a positive affect on U.S. shipbuilders.

Dated: March 2, 2001.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.