DOTRMERC0006 - Case Type 5

These cases concern applications for administrative waivers of the coastwise trade laws (defined to include The Coastwise Endorsement Provision of the Vessel Documentation Laws, the Passenger Services Act, and the Jones Act; see 46 CFR 388.2). Applications are published in the Federal Register and are appealable to the Maritime Administrator, who "may hold a hearing on the proposed action and make a decision based on the hearing record." 46 U.S.C. 388.6(c)(1)-(2). 46 CFR Part 388 does not describe these discretionary hearings in detail, but 46 CFR Part 201 does allow the Administration to hold formal hearings in administering its statutes. See 46 CFR 201.71. ("Formal proceedings may be commenced with respect to any phase of an application for Government aid or other relief, the processing of which by statute requires a public hearing. The Administration may, in its discretion, also direct the holding of a hearing not required by statute for any purpose authorized in the statutes it administers.")