Coastwise trade laws; administrative waivers: KIRSTEN ANNE,

[Federal Register: March 9, 2000 (Volume 65, Number 47)]

[Notices]

[Page 12613-12614]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09mr00-173]

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No: MARAD-2000-7011]

Requested Administrative Waiver of the Coastwise Trade Laws

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the Vessel KIRSTEN ANNE.

[[Page 12614]]

SUMMARY: 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 P.L. 105-383 and MARAD's regulations at 46 CFR 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.

DATES: Submit comments on or before April 10, 2000.

ADDRESSES: Comments should refer to docket number MARAD-2000-7011. 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., S.W., Washington, D.C. 20590-0001. You may also send comments electronically via the Internet at http://dmses.dot.gov/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 http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Michael Hokana, U.S. Department of Transportation, Maritime Administration, MAR 832 Room 7201, 400 Seventh Street, SW, Washington, DC 20590. Telephone 202-366-0760.

SUPPLEMENTARY INFORMATION: 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 (less 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 commentor's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD'S regulations at 46 CFR 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: KIRSTEN ANNE, Owner: Robert and Laurie Lindsey.

(2) Size, capacity and tonnage of vessel: The KIRSTEN ANNE measures 48.5 feet in length and displaces 29 net tons, 33 gross tons. The capacity of the vessel is 12 passengers or less.

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: ``If a waiver is granted, we intend to use this vessel to carry passengers for hire on sailing wildlife/adventure cruises, scientific research charters, whale watching/videography, and Eco-tourism to the refuges and National Monuments in our area of opportunity. We will operate this vessel in the greater Kodiak Island Archipelago and Gulf of Alaska. Some anticipated offerings will be cruises of the Katmai coast and birding expeditions in the Kodiak area as well as the Alaska Peninsula. We look forward to offering the scientific community an affordable alternative for long-range /duration studies involving Stellar Sea Lions and seabirds.''

(4) Date and place of construction and (if applicable) rebuilding. Date of construction: 1979, place of construction: Taiwan.

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant:

``The Kodiak Island area is in its infancy of charter work with a small but competent group of operators who offer primarily fishing charters and hunting support. Although many of the vessels offer some Whale watching/Ecotourism type charters, there are no sailing vessels involved in charter work in the Kodiak area. Unofficially, halibut fishing is the largest group of charter operations, Salmon fishing would be second, and Hunter support is third and general sightseeing is the smallest segment of the charter fleet.

We feel the economics are so marginal that we can only afford to offer this service because we were able to purchase our vessel for a very reasonable price. Already established in this area, we can subsidize the operation through startup with income from our other occupations. The only impact that a waiver will have on other operations in this area would be positive based on exposure, a service not previously offered and additional draw for tourists to visit Kodiak. The replacement value of our vessel is approximately $380,000. If that were the only way to start a sail charter operation, it would not be economically feasible in this market.

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: ``The effect a waiver on local shipbuilding /repair in this area would be positive because we will be using our vessel more than we do now which will have the effect of revenue for local businesses. We anticipate some additional equipment may be necessary to begin operations. This equipment will be contracted with locally owned businesses and purchased in Kodiak. Should we need any modifications or repairs to the boat as our business grows, we will use local shipyards and chandlers. There is no shipbuilding other than small one-off aluminum boat shops on Kodiak Island and no large boat builders in the state of Alaska. When our operation becomes successful, we anticipate the need for an American built sailboat designed specifically for this area. Our concept of this vessel would be approximately 65-80 feet in length displacing at least 50 tons. This new vessel will be an American built motorsailer with enhanced diving support and capable of extended cruises. Clearly, we are dedicated to this concept and feel that the only impact on shipbuilding would be positive.''

Dated: March 3, 2000.

By Order of the Maritime Administrator. Joel C. Richard, Secretary, Maritime Administration.

[FR Doc. 00-5638Filed3-8-00; 8:45 am]

BILLING CODE 4910-81-P