Overview
Title
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel NEVER ENOUGH II (Power Convertible); Invitation for Public Comments
Agencies
ELI5 AI
Imagine there is a special boat called Never Enough II that wants to give fun rides to 12 people at a time in North Carolina. They're asking for a special permission because the boat wasn't built in the US, and the people in charge are asking everyone if this should be allowed or not.
Summary AI
The Maritime Administration, under the Department of Transportation, has received a request for a waiver of the U.S.-build requirements of the coastwise trade laws. This waiver would allow the vessel Never Enough II to carry up to twelve passengers for hire, and it is intended for charter fishing in North Carolina. The agency invites public comments on this waiver application and notes that if the waiver adversely affects U.S. vessel builders or businesses using U.S.-flag vessels, it will not be granted. Comments must be submitted by February 16, 2021, and will be made publicly available.
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 from the Federal Register outlines a request submitted to the Maritime Administration, part of the Department of Transportation, for a waiver allowing a vessel named Never Enough II to operate in coastwise trade while carrying up to twelve passengers. Specifically, this action would permit the vessel to engage in charter fishing activities off the coast of North Carolina. The waiver would exempt the vessel from U.S.-build requirements stipulated in coastwise trade laws. The public is invited to comment on this request by February 16, 2021. Importantly, if the waiver is found to have a negative impact on U.S. vessel builders or businesses using U.S.-flag vessels, it could be denied.
General Summary
The Maritime Administration is considering a waiver for the vessel Never Enough II. This waiver would allow the vessel to operate commercially for charter fishing without adhering to the typical U.S. construction requirements for coastwise trade. The vessel is based in Beaufort, North Carolina, and the Maritime Administration is seeking public input regarding this proposal.
Significant Issues and Concerns
One notable concern is the lack of clarity regarding what constitutes an “unduly adverse effect” on U.S. vessel builders or businesses that operate U.S.-flag vessels. This ambiguity could lead to inconsistent decision-making or dissatisfaction from stakeholders who may feel the criteria were applied unfairly.
Additionally, the document offers an option for submitting comments confidentially, yet these instructions are embedded within a dense section of text. This might inadvertently overwhelm someone trying to navigate the process, particularly those needing to protect sensitive business information.
Impact on the Public
For the general public, the document highlights the democratic process in government decision-making, as citizens are invited to voice their opinions on the matter. Public input is crucial in influencing whether the requested waiver will be granted, underscoring the importance of understanding federal procedures and participating in them.
Impact on Specific Stakeholders
Positive Impacts: For the vessel owners, granting the waiver could facilitate business growth by expanding operational capabilities. Local tourism could benefit from increased charter fishing opportunities, potentially boosting related industries such as hospitality and dining in North Carolina.
Negative Impacts: Domestic shipbuilders and businesses relying on U.S.-flagged vessels may view this waiver skeptically. If the waiver leads to increased precedence for foreign-built or foreign-operated vessels, it could undermine efforts to support and sustain the U.S. shipbuilding industry.
Conclusion
This document is a critical step in evaluating the balance between supporting U.S. businesses and allowing flexibility within the maritime industry. While it opens the door for potential economic opportunities, it concurrently raises questions concerning the safeguarding of domestic interests. Through public comments, stakeholders have the opportunity to influence and clarify these competing concerns.
Issues
• The document does not specify the criteria for determining if granting the waiver will have an 'unduly adverse effect' on U.S.-vessel builders or businesses, which might lead to ambiguity in decision-making.
• The procedure to submit comments confidentially might be overlooked because it is buried within detailed instructions, potentially causing confusion for those needing to submit sensitive information.
• The use of legal references such as '46 U.S.C. 12121' and '46 CFR part 388' without explanation might be unclear to readers who are not familiar with U.S. maritime law.
• The document contains specific instructions and contact details that might not be very clear to someone unfamiliar with federal processes, possibly necessitating simplification or additional guidance.
• The potential impact of the waiver on local businesses within the 'Geographic Region Including Base of Operations' is not elaborated upon, which might be important to stakeholders.