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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 Achiever.


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 May 4, 2001.


Comments should refer to docket number MARAD-2001-9305. 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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Kathleen Dunn, U.S. Department of Transportation, Maritime Administration, MAR-832 Room 7201, 400 Seventh Street, SW., Washington, DC 20590. Telephone 202-366-2307.

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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: ACHIEVER. Owner: Clive Edward Lonsdale.

(2) Size, capacity and tonnage of vessel. According to the applicant: “Length Overall: 19.2 meters or 63 feet, Beam: 4.3 meters or 14 ft 10 inches, Draft: 1.59 meters or 6 feet, Under deck tonnage: 30.89 tons, Deck erections: 4.27 tons, Gross Tonnage: 35 tons, Net Tonnage: 26 tons.”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: “I am planning to use Achiever for sailing adventure charters from Dutch Harbor, visiting the Natural Wonders of the Aleutian Islands. Achiever has the facility to offer live-aboard accommodation for charter parties. I will be working in partnership with a Dutch Harbour resident, Jeff Hancock who currently organises local adventure kayaking and back packing trips from his Sport Equipment Store Aleutian Adventure Sports, based in Dutch Harbor. We will be employing a professional American captain and crew to run the trips and we aim to carry no more than 12 passengers on short trips around the Aleutian chain of islands. Our joint interests will enhance Dutch Harbor's facilities, hopefully encouraging visitors from around the world.” Geographic area: “North and South of the Alaska Peninsular from the Shumagin Islands to Attu Island at the Western end of the Aleutian Islands.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1991. Place of construction: Whakatane, New Zealand.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “I am aware of several small motor fishing vessels that offer half-day fishing trips from Dutch Harbour. They are fast launches that take small parties out on halibut fishing trips. Achiever will not conflict with these charter vessels and to the best of my knowledge there are no other operators offering the type of charter I intend to offer. From my knowledge of the port of Dutch Harbor I have identified: Miss Amber, Lucille, Grand Aleutian, Silver Cloud and Miss Start Printed Page 17997Peppers. I have attached print outs from the registry.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “Rather than being in conflict with any US shipyards, Achiever will add to their custom. Dutch Harbor's shipyards offer excellent hauling facilities, which I will be interested in utilizing. Achiever is a steel yacht with many Standard American fixtures. The local facilities cater for all her needs.”

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Dated: March 30, 2001.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

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[FR Doc. 01-8293 Filed 4-3-01; 8:45 am]