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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 APOLONIA.


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 May 4, 2001.


Comments should refer to docket number MARAD-2001-9306. 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​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, S.W., 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: APOLONIA. Owner: Phil W. Bolin.

(2) Size, capacity and tonnage of vessel. According to the applicant: “Boat is 43 feet long, 15.5 feet wide and weighs 36,000 pounds. Gross ton weight then is 18 tons.”

(3) Intended use for vessel, including geographic region of intended operation and trade. According to the applicant: “Vessel will be used to give evening cruises on Friday evenings, dinner cruises on Saturday evening and a few Potomac river cruises during the week. The vessel will be operated out of Colonial Beach Virginia on the Potomac River and on occasion in the Chesapeake Bay. The majority of the time the boat operation will be within 50 nautical miles of Colonial Beach. There is only one charter cruise business in the area and that boat operates 45 minute cruises during the day. Based on an extensive survey, there are no businesses providing evening and dinner cruise service and I would not be competing with any other service, American built or otherwise.” “The area of operation is the mid Potomac River (home ported in Colonial Beach Virginia) and on occasion the boat would travel into the Chesapeake Bay.

(4) Date and Place of construction and (if applicable) rebuilding. Date of construction: 1987. Place of construction: Vista Yacht Company, (TAIWAN).

(5) A statement on the impact this waiver will have on other commercial passenger vessel operators. According to the applicant: “This waiver application will have no effect on existing operators as there are no operators that provide the service we are describing. While there are such operators out of ports on the Chesapeake we will not compete with them. We only charter from Colonial Beach and only occasionally go into Chesapeake waters. We will not take charters out of Chesapeake water ports.”

(6) A statement on the impact this waiver will have on U.S. shipyards. According to the applicant: “This will not affect shipyards at all, except that use of our boat will necessitate maintenance that will be offered to local US shipyards (small ones) for work.”

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Dated: March 30, 2001.

By Order of the Maritime Administrator.

Joel C. Richard,


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[FR Doc. 01-8292 Filed 4-3-01; 8:45 am]