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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 AMISTAD.


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 August 19, 2002.


Comments should refer to docket number MARAD-2002-12832. 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 Start Printed Page 47601is 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: AMISTAD. Owner: Seaway Inc.

(2) Size, capacity and tonnage of vessel. According to the applicant: “34 ft. length, 10.2 ft. Breadth, 7.0 Ft. Depth, 12 Gross, 11 Net Tons. The vessel displaces 19,000 lbs.”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: “I intend to use the vessel for carrying six or fewer passengers for hire in the Chesapeake Bay and tributaries.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1967. Place of construction: Yokosuka, Japan.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “This waiver will have no negative impact on other commercial passenger vessel operators. While there are a number of wooden sailing vessels offering cruises operating out of the northern Chesapeake Bay, I believe they are larger passenger vessels, carrying more than 12 passengers.

I hope the waiver will have positive impact on the larger industry in the area. By expanding the availability of sailing trips to smaller groups, it should help increase the local market for sailing cruises. In addition, I have listed the vessel with the State of Maryland's Department of National Resources as an “Historical Watercraft”. As the vessel was designed by a Maryland Naval Architect, I wish to focus my passengers on the local tradition of wooden sailing vessels.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “This waiver should have a positive impact on U.S. Shipyards, as repairs and renovations to this vessel will be made in the U.S. For example, I recently hired a local builder of wooden boats to do some repair and maintenance work on the vessel's hull. In addition, although the vessel was built in Japan, it's designer is a local Naval Architect.”

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Dated: July 15, 2002.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

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[FR Doc. 02-18301 Filed 7-18-02; 8:45 am]