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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 PHENIX.


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 13, 2002.


Comments should refer to docket number MARAD-2002-11477. 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: PHENIX. Owner: Kevin Smith.

(2) Size, capacity and tonnage of vessel. According to the applicant: “length 31.6 feet, breadth 16 feet, catamaran sailboat; Capacity: up to 10 passengers; Tonnage: 9 gross tons”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: The vessel will be used for sailing lessons geared toward teaching how to sail a cruising catamaran. The vessel will also be available for hire to private companies for client entertainment purposes. The geographic region of operation is southern Lake Michigan only.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1995. Place of construction: Whitby, Ontario, Canada.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “I believe that this waiver will have no impact on any current commercial passenger vessel operators, as my research has found that there are currently no operators in the area offering sailing lessons geared toward cruising catamarans. Also, there are no operators that I am aware of that cater specifically toward hiring a sailing catamaran or sailing vessel to private companies for client entertainment purposes. I do not intend to use the vessel for charters on a per person fee basis offered to individuals. The only customers will be private companies who hire the vessel for entertainment purposes.”

(6) A statement on the impact this waiver will have on U.S. shipyards. Start Printed Page 6322 According to the applicant: “I can think of no impact this waiver will have on U.S., shipyards. All repair work and storage of the vessel is performed, and will continue to be performed in U.S. yards.”

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Dated: February 5, 2002.

By Order of the Maritime Administrator.

Murray A. Bloom,

Acting Secretary, Maritime Administration.

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[FR Doc. 02-3259 Filed 2-8-02; 8:45 am]