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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 Start Printed Page 49979the Coastwise Trade Laws for the vessel NETWORKER.


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 September 3, 2002.


Comments should refer to docket number MARAD-2002-12955. 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: NETWORKER. Owner: Steven R. Stanfield/Janet S. Valenty.

(2) Size, capacity and tonnage of vessel. According to the applicant: “Gross Tonnage: 37, Net Tonnage: 30, Length 44.3 ft, Breadth: 15.8 ft, Depth: 8.0 ft.”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: “The vessel will be used for sportfishing charters carrying no more than 6 (six) passengers. It will be operated on a full-time basis out of DANA Wharf Sportfishing in Dana Point, California. The intended geographic region of operation is within 100 nautical miles of the coast from Point Conception, CA to the US/ Mexico border.”

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1997. Place of construction: Tao Yuan Taiwan, Republic of China.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “To the best of my knowledge there are over 100 six-pak sportfishing charter boats operating in this geographic region. (The term “Six-pak” describes uninspected vessels carrying six or less passengers.) They carry passengers to various near shore locations for rod and reel fishing of bass, barracuda, rockfish, shark and other coastal species. Some take sport fishermen out to various offshore locations for tuna, billfish, and other offshore species. The majority of these boats operate on a part-time basis doing little or no advertising and very limited numbers of charters. Of these there are 22 boats which are operated full-time and advertised in the South Coast Sportfishing Charter Boat Directory. Of these 22, most are independent owner/operators of only one vessel, however two operators own two vessels each. I believe the granting of this waiver will have very little or no impact on the existing operators.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “I believe the granting of this waiver will have no impact of U.S. shipyards.”

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Dated: July 26, 2002.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

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[FR Doc. 02-19380 Filed 7-31-02; 8:45 am]