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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 WINDSHEAR.


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 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 July 30, 2001.


Comments should refer to docket number MARAD-2001-9994. 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, 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: WINDSHEAR. Owner: Sam J. Davidson.

(2) Size, capacity and tonnage of vessel. According to the applicant: “Hans Christian 41T, 41′ LOD, 51′ LOA, 13.0 Breadth, 9.2 Depth, 24 Gross Tons.”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: “Day and evening sailboat charters, 1/2 or full 8 hour days, sunset cruises, in Pensacola Bay, and 50 miles east and west into the Gulf of Mexico. This would restrict my use of Mobile Bay, and limit my use of Choctawhatchee Bay in the Destin Area, as I cannot get under the 50′ bridge clearance at Destin, Florida. I cannot travel east in the Intercoastal Waterway past Navarre Beach, Florida, due to the 50′ bridge height; and Mobile Bay is more than 50 miles from Pensacola. I would like to be able to charter a two week trip to Key West, if some one wanted to take an extended trip of that nature from Pensacola, Florida.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1986. Place of construction: Taipei, Taiwan, Republic of China.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “In the Pensacola Area, the listings of boat charters include 15 fishing charters, 54 scuba charter, 1 airboat charter, and 2 pontoon & catamaran charters. One sailboat charter is listed in Perdido Bay, Alabama. The sailboat charter I purpose would be the only 41 foot sailboat in the Pensacola Bay area, as best as I can determine. Being able to charter my sailboat would have no impact on the Pensacola Bay and Gulf of Mexico area, as to the other charters listed.”

6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “The only two shipyards listed in Pensacola Bay area are Patti Shipyards, which builds shrimp boats, U.S. Coast Guard Vessels, and Paddlewheel Riverboats, and Charter Marine Industrial Services reworks ships at the Pensacola Navy base. Four other boat builders are listed, Start Printed Page 34515which manufacturer small river fishing boats. A sailboat charter of my particular size boat only adds to the benefit of the local shipyards, as I have to have all maintenance performed locally (haulouts, bottom paint, engine maintenance), and equipment is all purchased locally.”

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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. 01-16309 Filed 6-27-01; 8:45 am]