Overview
Title
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PACIFIC CEREMONY (Motor Vessel); Invitation for Public Comments
Agencies
ELI5 AI
The boat PACIFIC CEREMONY wants a special permission to carry people for fun trips even though it wasn't built in the U.S. like the rules usually require. People have a chance to say whether they think it's okay by February 8, 2021, but they need to watch out because their names could show up in public.
Summary AI
The Maritime Administration (MARAD) is considering a waiver request to allow the vessel PACIFIC CEREMONY to operate with no more than twelve passengers for hire, despite not meeting the U.S. build requirements under coastwise trade laws. Interested parties are invited to submit comments regarding this waiver by February 8, 2021. This specific vessel, a 63.3-foot-long motor vessel, is planned to be used for private charters in the geographical areas of California, Oregon, Washington, and Alaska, except for Southeastern Alaska. The waiver can only be granted if it does not negatively impact U.S. vessel builders or businesses using U.S.-flagged vessels.
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.
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Sources
AnalysisAI
The document involves a proposal from the Maritime Administration (MARAD), part of the Department of Transportation, regarding a waiver request for a motor vessel named PACIFIC CEREMONY. This waiver would allow the vessel to operate commercially with up to twelve passengers without meeting the typical U.S.-build requirements set by coastwise trade laws. This exception is being considered because the vessel is three years old or more, and such a waiver is authorized under MARAD's purview. Public comments are being solicited until February 8, 2021.
General Summary
The PACIFIC CEREMONY is a 63.3-foot motor vessel intended for private charters for passengers only, with its base of operations in Seattle, Washington. It aims to operate within the regions of California, Oregon, Washington, and Alaska, excluding Southeastern Alaska. MARAD will only grant the waiver if it can be determined that it won't have an adverse effect on local U.S. vessel builders or businesses that rely on U.S.-flagged vessels.
Significant Issues or Concerns
One of the main concerns with this document is the lack of clarity in how MARAD evaluates whether the waiver will have an "unduly adverse effect" on domestic businesses. Without clear criteria, the decision-making process could be perceived as subjective or ambiguous.
Additionally, while the document outlines a process for submitting confidential comments, it doesn't precisely define what constitutes confidential business information. This ambiguity may deter commenters from submitting useful information due to fear of unintended disclosure.
Another issue is the potential privacy implications for the public who wish to comment, as all submitted information will become publicly accessible, which might discourage participation.
Broad Public Impact
For the general public, particularly those interested in marine activities, this waiver represents a potential increase in options for private charters in notable regions of the Pacific Northwest and beyond. It can enhance tourism and leisure activities by increasing accessibility to marine travel and experiences.
However, the process how MARAD assesses these impacts remains nontransparent, making it difficult for the public to gauge how decisions might affect them or how to effectively voice concerns.
Impact on Specific Stakeholders
Positive Impacts:
- Charter businesses and tourism operators may benefit from the increased availability of vessels, which can lead to economic growth and more competitive options for consumers looking to charter a vessel for personal or leisure purposes.
- The PACIFIC CEREMONY itself stands to benefit through increased operational capacity and flexibility, improving its economic feasibility.
Negative Impacts:
- U.S. vessel builders and operators of U.S.-flag vessels might face potential competition, which could affect their market share if foreign-built vessels gain popularity in the coastal trade areas without the typical restrictions.
In conclusion, while this action could bring benefits in terms of increased service offerings, the decision's lack of transparency and criteria for impact assessment raises questions about fairness and potential unintended consequences on traditional U.S. maritime industries. Public engagement is encouraged, yet the document structure may unintentionally hamper effective participation.
Issues
• The document does not specify the criteria for evaluating whether the waiver will have an 'unduly adverse effect' on U.S. vessel builders or businesses, which could lead to ambiguity and subjective interpretation.
• The method for submitting confidential comments is described, but does not provide clear guidelines on what constitutes confidential business information, which might create uncertainty for commenters.
• The potential impact on U.S. businesses using U.S.-flag vessels is mentioned, but there is no detailed analysis or criteria explaining how such an impact will be assessed, lacking transparency.
• The reference to regulatory guidelines (46 CFR part 388) and statutory provisions (46 U.S.C. 12121) is made, but the document does not provide explanations or summaries of these legal references, which could be challenging for laypersons unfamiliar with legal texts.
• The document specifies that comments will be posted without change to the docket, including personal information, which might discourage submissions due to privacy concerns.