Overview
Title
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel HECHT YEAH (Motor Vessel); Invitation for Public Comments
Agencies
ELI5 AI
A boat called HECHT YEAH wants special permission to carry people for rides because it wasn't made in the U.S. like the rules usually require. People can tell officials what they think about this by a certain date, and if it would hurt U.S. boat makers, they might not allow it.
Summary AI
The Maritime Administration (MARAD) has received a request for a waiver of the U.S.-build requirements of coastwise trade laws to allow the vessel HECHT YEAH to carry up to twelve passengers for hire. This waiver would permit the vessel, which is three years old, to operate as a "bareboat charter" primarily in Puerto Rico. Public comments on this waiver request can be submitted by February 8, 2021. If it's determined that the waiver negatively impacts U.S. vessel builders or businesses using U.S.-flag vessels, the waiver may not be granted.
Abstract
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Keywords AI
Sources
AnalysisAI
The document in question is a notice from the Maritime Administration (MARAD), a subdivision of the Department of Transportation, announcing a request for a waiver of certain coastwise trade laws. This waiver would allow the vessel HECHT YEAH, which is over three years old, to transport up to twelve passengers for hire as a "bareboat charter" predominantly operating in Puerto Rico. The public is invited to submit comments about this request up until February 8, 2021.
General Summary
The waiver under consideration involves an exemption from the U.S.-build requirements mandated by coastwise trade laws. These laws typically necessitate that vessels operating between U.S. ports be domestically constructed to support local shipbuilding industries. The waiver request is intended for the motor vessel HECHT YEAH to enable it to operate commercially under specified conditions without complying with the domestic construction requirement. The process is open for public input, with mechanisms provided for submitting comments either online or in person.
Significant Issues or Concerns
Several issues are evident within the notice. First, the document does not clearly articulate the criteria for granting such waivers or why the vessel HECHT YEAH is specifically under consideration. This lack of transparency might lead to ambiguity or perceptions of preferential treatment. Additionally, there is an absence of a thorough analysis of how a waiver might affect U.S. vessel builders or businesses relying on U.S.-flag vessels, which is crucial information for stakeholders aiming to provide informed feedback.
Moreover, the document lacks a framework for oversight or review mechanisms post-waiver approval. This could raise concerns about the monitoring and compliance of granted waivers. It also references specific sections of U.S. Code (U.S.C.) and Code of Federal Regulations (CFR) without adequately summarizing their implications, potentially making the document challenging to comprehend for laypersons unfamiliar with legal jargon.
Furthermore, while the document provides detailed instructions for submitting confidential comments, it may not sufficiently reassure stakeholders about the security of sensitive business information, thereby possibly discouraging the submission of important data.
Public Impact
The document's publication is an invitation for public participation in the governmental decision-making process, allowing individuals to express support or concern regarding the waiver request. Public input could shape whether or not the waiver is granted, highlighting the democratic nature of regulatory processes.
Impact on Specific Stakeholders
U.S. Vessel Builders and Businesses: The waiver could negatively impact domestic shipbuilders and businesses using U.S.-flag vessels if it results in reduced demand for American-built vessels. If U.S. businesses perceive that such waivers undercut the economic rationale for adhering to coastwise laws, it might weaken their competitive position.
Operators of the HECHT YEAH: On the positive side, the approval of the waiver would enable the operators of the vessel to engage in commercial activities in a geographic region where they might otherwise be restricted, potentially bringing economic benefits to these operators.
Overall, the document serves as an essential part of the public engagement process. However, its effectiveness could be enhanced by providing greater clarity and detailed analysis on the implications of granting such waivers. Stakeholders stand to gain by remaining engaged and responsive to this call for comments, ensuring their interests and concerns are adequately represented.
Issues
• The document does not clearly specify the criteria for granting waivers or why the particular vessel 'HECHT YEAH' is considered for a waiver, which may lead to ambiguity or perceived favoritism.
• The document lacks a detailed explanation of how granting the waiver might affect U.S. vessel builders or businesses using U.S.-flag vessels, which could be important for stakeholders to provide informed comments.
• There is no mention of oversight or review mechanisms post-approval of the waiver, which may lead to concerns about monitoring or compliance.
• The document assumes that readers are familiar with the references to U.S.C. sections and CFR parts without providing a concise summary or explanation, which could make it difficult for laypersons to understand the implications.
• Instructions for submitting confidential comments are detailed but may not adequately assure the confidentiality of sensitive business information, potentially discouraging stakeholders from submitting crucial data.