[Federal Register Volume 66, Number 125 (Thursday, June 28, 2001)]
[Notices]
[Pages 34517-34518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16303]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2001-10001]


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 TANGENT.

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SUMMARY: As authorized by Pub. L. 105-383, the Secretary of 
Transportation, as

[[Page 34518]]

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 July 30, 2001.

ADDRESSES: Comments should refer to docket number MARAD-2001-10001. 
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 202-366-2307.

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 
Sec. 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: TANGENT. Owner: M.G. Communication, Inc.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``Length: 50 foot Wood Grand Banks Trawler, Capacity: 12 
passengers, Tonnage: Net of 45 tons and a gross of 57 tons.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: The intended 
commercial use of this is to be: (a) Scuba Diving Instruction. (b) 
Sunset cruises. (c) Catered Dinner Cruises. (d) Live Aboard Weekend and 
week long cruises. (e) Intercoastal Waterway Live Aboard Cruises. (f) 
Bare boat charters. Note: The TANGENT is currently documented as a 
Vessel of Registry for international Charter operations. The proposed 
area of operation is to be from The West Coast of Florida, Pensacola 
Florida to Key West Florida and up the Eastern Seaboard to Cape Cod 
Massachusetts. The primary Charter area will be along the coast of 
Florida from Jacksonville, Florida to Key West, Florida to include the 
Dry Tourtogas.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1971. Place of construction: Kowloon, China (Hong 
Kong).
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: 
``Over the last two years I have done a great deal of research on 
weather or not it would be practical to establish this type of 
operation. I found no other single business operation with our 
capability and diversity operating in the geographic area I have 
specified. I am sure that at least a couple have to exist in this area 
that I have not discovered. I found that with our boat rated as an 
uninspected vessel for 12 passengers or less we were one of very few 
that would be operating in the specified area. I found that from 
Jacksonville Florida to Jupiter Inlet only 2 live aboard operations 
were in service. I found 3 dive boat operations existed. From West Palm 
Beach Florida to Key West Florida I found 12 live aboard operations 
were in service. Most of these operations were much larger and were 
certified vessels which carried more than 12 passengers. I found 51 
small charter businesses that that did nothing but diving charters. The 
greater majority of these vessels were certified vessels for more than 
12 passengers. I found 1 Dinner Cruise vessel for 12 passengers or less 
and 1 dinner cruise operation operating with an uninspected vessel 
certification. I found 7 dinner cruise and sightseeing vessels all of 
which were large capacity certified vessels. None were in my class of 
vessel. I found 1 catered dinner cruise vessel in Key West Florida. I 
found no Inland waterway live aboard cruises operations in Florida and 
only one other operation operating out of Savanna Georgia. In the 
specified geographic area I have noted above the population base is 
somewhere around 12 million people. A single vessel such as TANGENT has 
no appreciable impact on the charter or boat manufacturing industry. As 
far as I am aware there are not manufacturers of Motor Yacht Trawlers 
in the United States at this time. Most vessels of this type are used 
as privately owned vessels for small intimate groups of friend or 
relatives and built outside of the United States. I know of no other 
Trawlers in commercial operation as charter vessels other than Bare 
Boat Charter businesses. The TANGENT is currently operational and meets 
all Coast Guard regulations to do business as a bare boat charter 
vessel.''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``Due to the age of the vessel 
and the type of vessel it is it has absolutely no impact on United 
States Vessel builders.''

    Dated: June 25, 2001.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 01-16303 Filed 6-27-01; 8:45 am]
BILLING CODE 4910-81-P