Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LUCKY DUCK; Invitation for Public Comments, 14413 [2013-05061]

Download as PDF Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices Consistent with Congress’ view of ACS status as a jurisdictional issue, the use of nautical miles to determine ACS status allows for an extension of the State’s jurisdiction to be measured consistently with the measures of jurisdiction required by law. Absent this interpretation, a State’s jurisdiction that is measured in nautical miles would then subsequently be extended by Congress under a different unit of measurement. In addition to the legislative history, the regulatory history of the Deepwater Ports program provides additional support for interpreting the DWPA to apply nautical miles to ACS designations. The original Final Rule in 33 CFR part 148 published on November 10, 1975, defined mile for the purposes of the regulations as a nautical mile.22 Though the definition for ‘‘mile’’ was subsequently removed in a May 20, 2003, Notice of Proposed Rulemaking and does not appear in the Final Rule published on September 29, 2006, 33 CFR part 2 indicates that nautical miles are the appropriate units of measurement to be employed for determining United States Coast Guard jurisdictional definitions where such jurisdictional definitions are not otherwise provided.23 As a result of its interpretation of the DWPA, its legislative history, and implementing regulations, MarAd proposes to apply nautical miles when designating ACS in future Notices of Application under 33 U.S.C. 1508(a)(1). Request for Comments MarAd is seeking comment on the proposed policy clarification and invites interested parties to visit its Web site for background information. MarAd will consider comments in formulating a final notice of policy clarification. DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2013 0019] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LUCKY DUCK; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: SUMMARY: As authorized by 46 U.S.C. 12121, 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 brief description of the proposed service, is listed below. DATES: Submit comments on or before April 4, 2013. ADDRESSES: Comments should refer to docket number MARAD–2013–0019. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at https://www.regulations.gov. 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 https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–453, Washington, DC 20590. Telephone 202– 366–0903, Email Linda.Williams@dot.gov. Dated: February 28, 2013. By Order of the Maritime Administrator. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2013–05007 Filed 3–4–13; 8:45 am] BILLING CODE 4910–81–P emcdonald on DSK67QTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: 22 40 FR 52401 (Nov. 10, 1975). 33 CFR 2.1(a) (‘‘The purpose of this part is to define terms the U. S. Coast Guard uses in regulations, policies, and procedures, to determine whether it has jurisdiction on certain waters where specific jurisdictional definitions are not otherwise provided.’’). 23 See VerDate Mar<15>2010 15:14 Mar 04, 2013 Jkt 229001 As described by the applicant the intended service of the vessel LUCKY DUCK is: Intended Commercial Use Of Vessel: ‘‘The vessel is to be operated as a sailing instruction vessel with a licensed captain and no more than six passengers in San Francisco Bay and outside the Golden Gate. The course will be three days long, with the students living PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 14413 aboard and sailing to different areas of the Bay each day. There will be no more than ten courses offered in a calendar year. This program is being offered to local residents in Orange County, Calif.’’ Geographic Region: ‘‘California’’. The complete application is given in DOT docket MARAD–2013–0019 at https://www.regulations.gov. 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, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, 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 in that business, a waiver will not be granted. 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. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: February 26, 2013. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2013–05061 Filed 3–4–13; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2013 0018] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LILYANNA; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Page 14413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05061]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2013 0019]


Requested Administrative Waiver of the Coastwise Trade Laws: 
Vessel LUCKY DUCK; Invitation for Public Comments

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: As authorized by 46 U.S.C. 12121, 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 brief description of the 
proposed service, is listed below.

DATES: Submit comments on or before April 4, 2013.

ADDRESSES: Comments should refer to docket number MARAD-2013-0019. 
Written comments may be submitted by hand or by mail to the Docket 
Clerk, U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590. You may also send comments electronically via the 
Internet at https://www.regulations.gov. 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 https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE, 
Room W23-453, Washington, DC 20590. Telephone 202-366-0903, Email 
Linda.Williams@dot.gov.

SUPPLEMENTARY INFORMATION: 
    As described by the applicant the intended service of the vessel 
LUCKY DUCK is:
    Intended Commercial Use Of Vessel: ``The vessel is to be operated 
as a sailing instruction vessel with a licensed captain and no more 
than six passengers in San Francisco Bay and outside the Golden Gate. 
The course will be three days long, with the students living aboard and 
sailing to different areas of the Bay each day. There will be no more 
than ten courses offered in a calendar year. This program is being 
offered to local residents in Orange County, Calif.''
    Geographic Region: ``California''.
    The complete application is given in DOT docket MARAD-2013-0019 at 
https://www.regulations.gov. 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, in accordance 
with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388, 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 in that 
business, a waiver will not be granted. 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 Sec.  388.4 of MARAD's regulations at 46 CFR Part 
388.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78).

    By Order of the Maritime Administrator.

    Dated: February 26, 2013.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013-05061 Filed 3-4-13; 8:45 am]
BILLING CODE 4910-81-P

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