FR 2024-28449

The notice from the Maritime Administration (MARAD), a part of the U.S. Department of Transportation, outlines the receipt of a request for a coastwise endorsement eligibility determination for a foreign-built vessel named HI TIDE. This vessel is intended to be used for carrying up to twelve passengers for hire, specifically for passenger fishing charters and tours around the Island of Hawaii. MARAD invites public comments on how granting such a determination might affect U.S. vessel builders or businesses that operate U.S.-flagged vessels. Comments are solicited until January 6, 2025. This engagement process is open via several submission methods.

Summary of the Document

The primary focus of the notice is to gather public input on the potential issuance of coastwise trading rights to the HI TIDE vessel, which has been constructed overseas. A coastwise endorsement would allow this vessel to operate legally within U.S. domestic waters, in accordance with certain regulatory frameworks. The request seeks a determination on whether this foreign-built vessel could perform such operations without causing undue harm to U.S.-based shipbuilding industries or businesses that operate existing U.S.-flagged vessels.

Significant Issues and Concerns

There are several concerns related to this notice:

1. Impact on U.S. Industries: The document highlights a request for comments on how this foreign-built vessel's operation might adversely affect U.S. shipbuilders and businesses relying on U.S.-flag vessels. The notice, however, does not provide measures or strategies for mitigating potential negative impacts, leaving stakeholders to speculate on consequences without guidance.

2. Privacy and Public Commenting: The notice requires personal information from those submitting comments, which will be publicly accessible, raising potential privacy concerns. It appears there is no option for anonymous comment submissions.

3. Complex Process for Confidential Comments: There is a possibility to submit comments confidentially, but this process might be complex or intimidating for individuals not well-versed in legal or procedural jargon. This might deter some stakeholders from expressing sensitive commercial views.

4. Lack of Guidance on Considerations: The document does not succinctly identify specific issues or points that stakeholders might need to contemplate regarding the impact on U.S. industries, leaving the onus on individuals to independently assess all potential implications.

Broader Public Impact

For the broader public, this document serves as a procedural opening for citizens, companies, and organizations to express how they perceive the impact of allowing a foreign-built vessel to operate in U.S. waters. The public’s feedback could potentially influence administrative determinations regarding maritime operations and economic activities in regional waters.

Impact on Specific Stakeholders

• U.S. Vessel Builders: There is a potential negative impact on these stakeholders if foreign-built vessels are granted coastwise endorsements. Such actions might reduce demand for domestically-built ships, impacting these businesses financially and operationally.

• Businesses Using U.S.-Flag Vessels: Operators of U.S.-flagged vessels may find themselves at a competitive disadvantage if foreign-built vessels are allowed to operate alongside them. This competition could affect their economic viability and market share.

• Consumers and Tourists: On a positive note, consumers, and tourists could benefit from increased service offerings and possibly more competitive pricing as competition increases in the maritime tour and charter sector.

Conclusion

The document provides an essential regulatory function by inviting public participation in government decision-making processes. It serves as a reminder of the balance between fostering competition and protecting domestic industries. Transparency in these proceedings remains crucial, though the process presents complexity that might hinder effective public participation without specialized knowledge. Stakeholders are encouraged to engage critically, ensuring their concerns and insights are considered in administrative actions.