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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 ONAWA.


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.


Submit comments on or before June 30, 2001.


Comments should refer to docket number MARAD-2001-9993. 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., S.W., Washington, D.C. 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, S.W., 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: ONAWA. Owner: Yacht Onawa, L.L.C.—McMillen Yachts, Inc.—managing member.

(2) Size, capacity and tonnage of vessel. According to the applicant: “Length: 59.5′ Tonnage: 25 net Capacity: 12 passengers plus 3 crew.”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant:

ONAWA will mainly sail the inland and near-coastal waters between Cape Henry, VA and Eastport, ME. ONAWA will have 3 regular crew and mostly be used as a time share for her 10 owners. When not sailing with owners aboard, she will be available for day chartering Start Printed Page 34517with 2 sisterships for Seacope Systems, Inc. She will be based in Newport, RI, where a small fleet of similar old classic ‘12 meter’ class vessels sail.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1928. Place of construction: Abeking and Rasmussen Shipyard, Vegesach, Germany. Date of Rebuilding: 2000-2001. Place of Rebuilding: Newport, RI, USA (ONAWA is currently in the process of a 95% rebuild).

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “The addition of ONAWA to the current 10 boat fleet of old classic 12-meter class vessels will not adversely affect the fleet, for two reasons: (1) ONAWA will primarily be used by her ten owners an a “time-share” arrangement. (2) When not sailing with her owners aboard, she will be available as an extra boat to add to the multi-boat 12 meter class fleet corporate charters. These vessels are out on charter daily racing each other in varying numbers, depending on the size of the group. ONAWA will be the oldest American twelve in the fleet, and her presence will only enhance their allure.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “The 20-month reconstruction process is taking place at the ‘American Shipyard’ in Newport, RI, using American materials or American-bought materials, and American craftsmen.”

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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. 01-16308 Filed 6-27-01; 8:45 am]