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Requested Administrative Waiver of the Coastwise Trade Laws

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Information about this document as published in the Federal Register.

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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 FAIR WINDS.


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. 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.


Submit comments on or before March 14, 2001.


Comments should refer to docket number MARAD-2001-8757. 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, SW., 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 Start Printed Page 9893properly 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: FAIR WINDS. Owner: John F. and Tammi-Tonti Crismore.

(2) Size, capacity and tonnage of vessel: According to the applicant: “size: length: 38′, breadth: 11′11″; capacity: 2 tons; and tonnage: gross 10 tons, net 8 tons (manufacturer's specifications.)”

(3) Intended use for vessel, including geographic region of intended operation and trade: According to the applicant: “Intended commercial use of the vessel will be to carry a maximum of six (6) paying passengers for vacation charters.” “Geographic region of intended operation will be the coastal United States, Bahamas, and the Caribbean.”

(4) Date and Place of construction and (if applicable) rebuilding: Date of construction: 1976. Place of construction: Santa Ana, California. Since owners lack proof of U.S. construction, MARAD is processing this application as though the vessel was built foreign (46 CFR 188.3(a)(4).

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators: According to the applicant: “The vessel's principle operating area will be in the west coast waters of Florida. The vessel will be berthed at a large marina in Palmetto, Florida, where three existing charter companies are based. The owners will captain the vessel. The charter companies in this area are for bareboat (non-captained) charters, thereby placing this vessel and its type of operation in a category by itself. Therefore, this waiver will have no impact on other commercial passenger vessel operators.”

(6) A statement on the impact this waiver will have on U.S. shipyards: According to the applicant: “This waiver will have no impact on U.S. shipyards. (The vessel was manufactured in a U.S. Shipyard.)”

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Dated: February 7, 2001.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

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[FR Doc. 01-3524 Filed 2-9-01; 8:45 am]