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Requested Administrative Waiver of the Coastwise Trade Laws

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Maritime Administration, Department of Transportation.


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


As authorized by Pub. L. 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. Start Printed Page 129Interested 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.


Submit comments on or before February 1, 2001.


Comments should refer to docket number MARAD-2000-8585. 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​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

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Gordon Angell, U.S. Department of Transportation, Maritime Administration, MAR-832 Room 7201, 400 Seventh Street, S.W., Washington, DC 20590. Telephone 202-366-5129.

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Title V of Pub. 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 (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 § 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: WELLS GRAY. Owner: Captain Albert R. Manchester.

(2) Size, capacity and tonnage of vessel. According to the applicant: “SIZE: Length—48′3″, Beam 11′6″, Depth 6′3″. CAPACITY: Six passengers. TONNAGE: 23 tons gross/18 tons net.”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: “Charter. Including wildlife viewing, photography, and kayaking.” Geographic Region: “Southeast Alaska, Inside Passage, B.C., and Puget Sound WA.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1927. Place of construction: Vancouver, B.C. Canada.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “The Wells Gray will be offering unique and personalized charters that I feel would be difficult or impossible to find among existing operations. In contrast with other operators I wish to accommodate families and small groups of two to four persons seeking an affordable, personalized, and educational experience. Coupled with the strong demand for charters in my area of operation I think impact on existing operators to be practically non-existent.” “Typically, and with sound economic reason, most small vessel charter operators in my area are targeting 6 passenger fishing trips or a minimum of between 6 to 12 passengers on touring trips. The larger vessel operators consist of “Fast Boat” Day trips carrying up to 60 persons and the larger vessels doing overnight tours might carry 18 to 40 persons, and, of course, the cruise ships with thousands aboard.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “Positive. In excess of $150,000 has been spent in rebuilding the Wells Gray in the Port Townsend, WA shipyard. Future work scheduled for 2001 and routine maintenance will be done there as well.”

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Dated: December 27, 2000.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

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[FR Doc. 00-33446 Filed 12-29-00; 8:45 am]