[Federal Register Volume 66, Number 125 (Thursday, June 28, 2001)]
[Notices]
[Pages 34514-34515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16309]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2001-9994]


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 WINDSHEAR.

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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 
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-2001-9994. 
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, 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: Kathleen Dunn, U.S. Department of 
Transportation, Maritime Administration, MAR-832 Room 7201, 400 Seventh 
Street, S.W., 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 
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: WINDSHEAR. Owner: Sam J. Davidson.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``Hans Christian 41T, 41' LOD, 51' LOA, 13.0 Breadth, 9.2 
Depth, 24 Gross Tons.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``Day and 
evening sailboat charters, \1/2\ or full 8 hour days, sunset cruises, 
in Pensacola Bay, and 50 miles east and west into the Gulf of Mexico. 
This would restrict my use of Mobile Bay, and limit my use of 
Choctawhatchee Bay in the Destin Area, as I cannot get under the 50' 
bridge clearance at Destin, Florida. I cannot travel east in the 
Intercoastal Waterway past Navarre Beach, Florida, due to the 50' 
bridge height; and Mobile Bay is more than 50 miles from Pensacola. I 
would like to be able to charter a two week trip to Key West, if some 
one wanted to take an extended trip of that nature from Pensacola, 
Florida.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: 1986. Place of construction: Taipei, Taiwan, 
Republic of China.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: ``In 
the Pensacola Area, the listings of boat charters include 15 fishing 
charters, 54 scuba charter, 1 airboat charter, and 2 pontoon & 
catamaran charters. One sailboat charter is listed in Perdido Bay, 
Alabama. The sailboat charter I purpose would be the only 41 foot 
sailboat in the Pensacola Bay area, as best as I can determine. Being 
able to charter my sailboat would have no impact on the Pensacola Bay 
and Gulf of Mexico area, as to the other charters listed.''
    6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``The only two shipyards listed 
in Pensacola Bay area are Patti Shipyards, which builds shrimp boats, 
U.S. Coast Guard Vessels, and Paddlewheel Riverboats, and Charter 
Marine Industrial Services reworks ships at the Pensacola Navy base. 
Four other boat builders are listed,

[[Page 34515]]

which manufacturer small river fishing boats. A sailboat charter of my 
particular size boat only adds to the benefit of the local shipyards, 
as I have to have all maintenance performed locally (haulouts, bottom 
paint, engine maintenance), and equipment is all purchased locally.''

    Dated: June 25, 2001.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 01-16309 Filed 6-27-01; 8:45 am]
BILLING CODE 4910-81-P