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###### Department of Transportation

###### Maritime Administration 

          - [Docket Number 2004 19431] 

# AGENCY:

Maritime Administration, Department of Transportation. 

# ACTION:

Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel DIVAGUE II. 

# SUMMARY:

                        As authorized by Pub. L. 105-383 and Pub. L. 107-295, 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 brief description of the proposed service, is listed below. The complete application is given in DOT docket 2004-19431 at                         *http://dms.dot.gov.*                         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, in accordance with Pub. L. 105-383 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), 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 in that business, a waiver will not be granted. 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.                     

# DATES:

Submit comments on or before November 26, 2004. 

# ADDRESSES:

                        Comments should refer to docket number MARAD-2004 19431. 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:

Michael Hokana, U.S. Department of Transportation, Maritime Administration, MAR-830 Room 7201, 400 Seventh Street, SW., Washington, DC 20590. Telephone (202) 366-0760. 

# SUPPLEMENTARY INFORMATION:

As described by the applicant the intended service of the vessel DIVAGUE II is: 

*Intended Use:*                     “Charter service for pleasure cruising and sightseeing. Up to 6 passengers, licensed captain, and perhaps one crew member. No commercial fishing or shrimping. One day or overnight charters.”                 

*Geographic Region:*                     “North and South Carolina.”                 

Dated: October 19, 2004.

By order of the Maritime Administrator. 

Joel C. Richard, 

Secretary, Maritime Administration. 

[FR Doc. 04-23892 Filed 10-25-04; 8:45 am] 

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