Overview
Title
Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: Yes Dear (Motor); Invitation for Public Comments
Agencies
ELI5 AI
A boat from another country called "Yes Dear" wants permission to take people on trips in the U.S., and the people in charge want to know if this will be bad for U.S. boat builders or businesses. They are asking everyone to say what they think about this by sending their thoughts through the computer or mail by February 5, 2025.
Summary AI
The Maritime Administration (MARAD) under the Department of Transportation is reviewing a request for a coastwise endorsement for a vessel named "Yes Dear," which is foreign-built and intended for passenger day charters near Puerto Rico. They seek public comments by February 5, 2025, on how this endorsement might impact U.S. shipbuilders and businesses using U.S.-flag vessels. Anyone interested in submitting comments can do so online or by mail, and are reminded that submissions, unless marked confidential, will be publicly accessible. MARAD will evaluate the potential negative effects on U.S. businesses before deciding on the eligibility of the endorsement.
Abstract
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to issue coastwise endorsement eligibility determinations for foreign-built vessels which will carry no more than twelve passengers for hire. A request for such a determination has been received by MARAD. By this notice, MARAD seeks comments from interested parties as to any effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. Information about the requestor's vessel, including a brief description of the proposed service, is listed below.
Keywords AI
Sources
AnalysisAI
The document under review is a notice from the Maritime Administration (MARAD) of the Department of Transportation, relating to a request for a coastwise endorsement for a vessel named "Yes Dear." This vessel, foreign-built, aims to operate passenger day charters around the east coast of Puerto Rico. MARAD is inviting public comments on whether granting this endorsement could adversely affect U.S. shipbuilders or businesses that utilize U.S.-flag vessels for similar operations. All comments must be submitted before February 5, 2025.
General Summary
The crux of this notice involves evaluating whether the "Yes Dear" vessel should be eligible for a coastwise endorsement, which would allow it to operate commercially in the United States. Given that this is a foreign-built vessel, it is critical to assess any economic impact its operations might have on domestic industries. The MARAD has outlined how to submit comments, both in writing and online, and clarified that such comments will be made publicly available unless specifically marked as confidential commercial information.
Significant Issues
One of the primary issues apparent in the document is the lack of clarity regarding how MARAD will determine what constitutes an "unduly adverse effect" on U.S. businesses. This lack of definition can create uncertainty for those choosing to comment, as they may not fully understand the criteria MARAD will use in its assessment.
Additionally, while the notice provides a procedure for submitting confidential comments, it does not clearly define what qualifies information as confidential commercial information. This might lead to hesitation among stakeholders who may possess sensitive information but are unsure whether their submissions will remain protected.
Broad Public Impact
The document invites public participation and promotes transparency by allowing all interested parties to review and comment on the vessel's coastwise endorsement. Although this can engage citizens and business owners in the regulatory process, the potential lack of clarity about how such comments are weighted could lead to public skepticism about their impact on the final decision.
Impact on Specific Stakeholders
Positive Impact:
For stakeholders such as foreign vessel owners or operators looking to enter the U.S. market, this notice represents an opportunity to gain access to a potentially lucrative region in Puerto Rico. Successfully obtaining the endorsement could pave the way for similar future determinations, potentially expanding market opportunities for foreign-built vessel operations.
Negative Impact:
On the flip side, U.S.-based shipbuilders and businesses that rely on U.S.-flag vessels face potential competition from foreign-built vessels like the "Yes Dear." This could threaten their market share and profitability if coastwise endorsements are issued without substantial consideration of economic impacts. Moreover, without a clear understanding of how these endorsements are evaluated, these stakeholders may find it challenging to effectively advocate for their interests.
Conclusion
The document highlights a significant intersection of maritime commerce, regulatory oversight, and public participation. While it outlines a fundamental procedure for seeking public input, clarifying key assessment criteria and processes could reinforce stakeholder confidence and ensure a balanced consideration of all interests involved.
Issues
• The document lacks detailed information on how the determination of 'unduly adverse effect' will be assessed by MARAD, which may cause uncertainty for commenters.
• The process for submitting confidential comments is outlined, but it may not be clear to commenters what specific criteria qualify information as confidential commercial information.
• The phrase 'unduly adverse effect' is not defined in this document, which may lead to different interpretations by commenters.
• While the notice encourages public participation, it fails to inform how the comments will influence MARAD's decision-making process.
• The document could provide more background information on the criteria outlined in section 388.4 of MARAD's regulations at 46 CFR part 388, as not all readers may be familiar with these regulations.