[Federal Register Volume 65, Number 123 (Monday, June 26, 2000)]
[Notices]
[Pages 39467-39468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16021]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2000-7550]


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 REEF DIVER.

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SUMMARY: As authorized by Public Law 105-383, the Secretary of 
Transportation, as represented by the Maritime Administration (MARAD), 
is

[[Page 39468]]

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 July 26, 2000.

ADDRESSES: Comments should refer to docket number MARAD-2000-7550. 
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., S.W., Washington, D.C. 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-832 Room 7201, 400 Seventh 
Street, S.W., Washington, DC 20590. Telephone 202-366-0760.

SUPPLEMENTARY INFORMATION: Title V of P.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 (less 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 Sec. 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: REEF DIVER. Owner: Richard R. Reth.
    (2) Size, capacity and tonnage of vessel: According to the 
Applicant: The vessel is 38 feet long, 12 feet wide and depth of 5 
feet. The gross tonnage is 21.9 tons or 17.5 net tons.
    (3) Intended use for vessel, including geographic region of 
intended operation and trade: According to the applicant: The use of 
the vessel is for 6 passenger recreational dive chartering on the 
Western shore of Lake Michigan. The intended region of operation is 
from Port Washington, WI, North to Kenosha, WI, South.
    (4) Date and place of construction and (if applicable) rebuilding: 
Date of construction: unknown. Place of original construction: 
construction was believed to have taken place in Winona, MN, USA. 
However, due to the absence of sufficient builder certification 
necessary to meet U.S. documentation standards to qualify for a 
coastwise endorsement, for the purposes of waivers permitted under Pub. 
L. 105-383 the vessel is considered to not have been built in the 
United States.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: The 
impact of this waiver on the commercial vessel operators is probably of 
no significance. The vessel is the only dive charter between Milwaukee, 
WI and Kenosha, WI. Further, according to the applicant, the three 
major and oldest dive charter operators out of the Milwaukee area 
encourage this new venture and have said the more the better. The 
applicant also claims a beneficial working relationship with other 
existing operators. For example, the owner claims operators exchange 
passengers when needed and help each other to find wrecks. Lastly the 
applicant states that the operation of all dive charters in the area is 
to: charter passengers out to dive sites, and provide a safe and 
enjoyable means to see the historic ships of the past, that had the 
unexpected fate of sinking, mostly due to weather.
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: The release of the U.S. build 
requirements should have no adverse effect on the U.S. shipyards, 
because as of this letter, all vessels being used today in this area 
are refitted existing vessels for this activity. Therefore the 
shipbuilders should not be effected.

    Dated: June 20, 2000.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 00-16021 Filed 6-23-00; 8:45 am]
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