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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 VENUS.


As authorized by Public Law 105-383, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is Start Printed Page 34519authorized 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.


Submit comments on or before July 30, 2001.


Comments should refer to docket number MARAD-2001-9992. 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 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 § 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: VENUS. Owner: James A. Nations.

(2) Size, capacity and tonnage of vessel. According to the applicant: “Length 50.9 ft.; Breadth: 15.3 ft.; Depth 15.0 ft.; Gross: 58 tons Net: 52 tons (measured pursuant to 46 U.S.C. 14502).”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: “General Charter and language school and corporate training facility. West Coast of the United States from Alaska to the Mexican Border, based in San Francisco Bay.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1981. Place of construction: Bosund Jakobstad, Finland.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “The addition of one small vessel (limited to no more than 12 passengers) to the existing fleet of larger commercial vessels will have no significant impact. This is particularly true in this instance where our focus is catering to advanced ESL (English as a Second Language) students and as a platform for Corporate Training. I am not aware of any similar service on the West Coast. We have been asked by several ESL educational institutions in the Bay Area to offer such a program to fill this void.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “This waiver will have no adverse impact on U.S. Shipyards. This is a 20-year-old vessel. In recent years over $150,000 has been spent in U.S. shipyards for re-powering, sails, rigging, painting and general maintenance. Commercial use of this vessel will require additional expenditures of approximately $35,000 per year at local U.S. boatyards and equipment suppliers.”

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Dated: June 25, 2001.

By order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

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[FR Doc. 01-16307 Filed 6-27-01; 8:45 am]