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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 Wanderbird.


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 July 22, 2002.


Comments should refer to docket number MARAD-2002-12516. 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: WANDERBIRD. Owner: Frederick & Karen Miles.

(2) Size, capacity and tonnage of vessel. According to the applicant: “Length 88 feet, beam 20 feet, draft 10 feet, Capacity 12 passengers, Tonnage 111.47 Gross Tons.”

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

“The vessel will be used as an interactive passenger carrying research vessel. We will conduct 4-30 day trips along the migrational paths of whales and seabirds primarily along the Eastern Seaboard of the Continental United Sates. This unique vessel will offer folks the opportunity to actually contribute to ongoing research projects while actually observing the animals and cruising in Start Printed Page 42102their habitat. We plan to work with accredited research organizations and operate within their research guidelines. Our mission is to support research and conservation through educational tourism. Our hope is to be able to operate along the complete migrational path of resident whales and seabirds. We request an operational range of Near Coastal USA and Territories with the primary usage to be between Eastport, Maine and Cape Ann, Massachusetts.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1963. Place of construction: Holland.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “There are no other vessels offering this type of cruise in the projected area of operation. * * * It is our sincere belief that our intended operation will help to stir the public's interest in marine ecology and preservation and bring more people to all of the operators who offer trips to view the whales and seabirds.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “The impact this waiver will have on US shipyards will be a positive one. The Wanderbird will be hauled out annually at a US shipyard and all major repair and maintenance will be done at US shipyards.”

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Dated: June 17, 2002.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

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[FR Doc. 02-15621 Filed 6-19-02; 8:45 am]