[Federal Register Volume 66, Number 39 (Tuesday, February 27, 2001)]
[Notices]
[Pages 12585-12586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4711]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2001-8951]


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 SPIRIT.

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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 Public Law 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 March 29, 2001.

ADDRESSES: Comments should refer to docket number MARAD-2001-8951. 
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.

[[Page 12586]]

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 
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: Spirit. Owner: Joshua T. Bloomgarden.
    (2) Size, capacity and tonnage of vessel. According to the 
applicant: ``Spirit is weighed in at 10 tons net weight and her length 
as measured from stern to bow is 37 feet length over all.''
    (3) Intended use for vessel, including geographic region of 
intended operation and trade. According to the applicant: ``I intend to 
use Spirit for charter of six persons or less, primarily for day sails, 
for clients who have little experience on a small sail vessel. My 
intention is to familiarize charter clients with the working of sails, 
and as an educational and recreational experience. During the charters 
I will explain the working of the vessel along with a presentation of 
historical and geographical facts along with discussions of 
environmental factors of our country's rivers and coasts.
    Although initially I will be operating out of the New York area, 
along the Hudson River, I would like to request a waiver for the 
Eastern Seaboard (from Maine to Florida). In the Summer months I will 
be cruising up to Maine, and during the Winter months cruising down to 
Florida (with stops along the way). If I could take on occasional 
charter clients while cruising at these different locations it would 
give me the option of choosing various seasonal cruising 
destinations.''
    (4) Date and Place of construction and (if applicable) rebuilding. 
Date of construction: Built in 1977. Place of construction: Built in 
Havant, Great Britain.
    (5) A statement on the impact this waiver will have on other 
commercial passenger vessel operators. According to the applicant: ``I 
don't believe the issuance of this waiver for Spirit would have a 
negative impact on existing commercial vessel operations. Charter of 
Spirit; would be a small, part time business, which would be for short 
day sails for six or less passengers. Existing commercial vessel 
operators would not be affected by my charter work. By exposing 
passengers with little experience on small vessels to the recreational 
and educational possibilities of spending time on the water I believe 
the impact would be to encourage them to seek out other vessels for 
further charter usage in the future''
    (6) A statement on the impact this waiver will have on U.S. 
shipyards. According to the applicant: ``I believe that this waiver 
would have a positive impact on US shipyards. By granting a charter 
waiver for Spirit I would be using local US shipyards to repair and 
maintain Spirit up to US Coast Guard safety standards. Also, Spirit is 
an English Pilothouse Motorsailor Ketch with a high bow and deep 
gunnels of a particular style and appearance as used in the North Sea 
of Great Britain. This type of vessel is not to my knowledge being 
constructed by US shipyards.''

    Dated: February 21, 2001.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 01-4711 Filed 2-26-01; 8:45 am]
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