Overview
Title
Request Notice: Use of Foreign-Built Small Passenger Vessel in United States Coastwise Trade, M/V SEA LARK
Agencies
ELI5 AI
The Department of Transportation wants to know if it's okay to let a foreign-made boat called M/V SEA LARK carry a few people around the U.S. They’re checking to make sure this doesn't hurt people who make or use boats built in America.
Summary AI
The Maritime Administration (MARAD) under the Department of Transportation is seeking public comments on a request to use the foreign-built vessel, M/V SEA LARK, for carrying up to twelve passengers in U.S. coastwise trade. The concern is whether this use could negatively impact American vessel builders or businesses using U.S.-built vessels. Interested parties can submit their comments by May 23, 2025, via the Federal eRulemaking Portal or by mail. Comments should reference the vessel, detail the person's interest, and, if possible, provide documentation of any potential negative effects on U.S. businesses.
Abstract
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to make determinations regarding the coastwise use of foreign built; certain U.S. built; and U.S. and foreign rebuilt vessels that solely carry no more than twelve passengers for hire. MARAD has received such a determination request and is publishing this notice to solicit comments to assist with determining whether the proposed use of the vessel set forth in the request would have an adverse effect on U.S. vessel builders or U.S. coastwise trade businesses that use U.S.-built vessels in those businesses. Information about the requestor's vessel, including a description of the proposed service, is in the SUPPLEMENTARY INFORMATION section below.
Keywords AI
Sources
AnalysisAI
The document published by the Maritime Administration (MARAD) of the Department of Transportation (DOT) invites public comments on a request regarding the use of a foreign-built vessel, the M/V SEA LARK, for coastwise trade activities in the United States. This involves carrying no more than twelve passengers for hire in U.S. waters. MARAD is tasked with determining whether granting this request would adversely impact U.S. vessel builders or businesses that rely on U.S.-built vessels. Comments are to be submitted by May 23, 2025, and can be made online or via mail. This notice highlights the need for input on how such a decision might affect various stakeholders within the maritime industry.
Significant Issues and Concerns
Several issues arise from this document. Firstly, the criteria for what constitutes an "adverse effect" on U.S. vessel builders or businesses are not clearly defined. This lack of specificity could lead to subjective interpretations and inconsistency in decision-making. Additionally, the procedural guidance for submitting comments confidentially might seem complicated. Commenters are required to highlight portions they wish to keep confidential, which could be challenging for those unfamiliar with legal nuances.
Moreover, the document relies heavily on regulatory references, such as 46 U.S.C. 12121(b), without providing explanations, which might hinder understanding for readers not well-versed in legal jargon. This could limit effective participation in the comment process, potentially narrowing the range of feedback MARAD receives. Finally, the assumption that all comments will be publicly available, regardless of content, might discourage submissions, particularly from individuals or businesses concerned about confidentiality.
Public Impact
This notice potentially affects the broader public by offering a platform for input on decisions influencing domestic maritime commerce. Allowing foreign-built vessels to participate in coastwise trade can introduce competition into the market. In theory, this could benefit consumers by enhancing service availability and potentially reducing costs. However, if the introduction of foreign-built vessels is perceived as undermining local industry, especially in terms of employment and economic contributions, the broader impact might be negative.
Impact on Specific Stakeholders
Specific stakeholders, such as U.S. vessel builders and maritime businesses using U.S.-built vessels, might experience varying impacts. If the request is approved, U.S. vessel builders could face increased competition, potentially harming their economic sustainability. Similarly, businesses relying on U.S.-built vessels might find themselves at a competitive disadvantage if foreign-built vessels are allowed cost-wise advantages. On the other hand, operators of foreign-built vessels, such as the requestor, could benefit from expanded operational opportunities within U.S. waters.
In conclusion, while the document provides a necessary avenue for public participation in regulatory decision-making, it raises pertinent issues about how such determinations are made and communicated. It underscores the importance of clarity and accessibility in regulatory processes, especially when these processes have far-reaching implications for trade, industry dynamics, and economic outcomes.
Issues
• The document does not specify the exact criteria or threshold for what constitutes an 'adverse effect' on U.S. vessel builders or coastwise trade businesses, which may lead to subjective interpretations.
• The procedure for requesting confidential treatment of comments could be more straightforward, as it requires the commenter to specifically highlight CCI portions, which might be complex for some commenters.
• The reference to 46 U.S.C. 12121(b) and its specific applicability could be expanded to clarify the role of both the U.S. Coast Guard and MARAD.
• The document relies heavily on regulatory and legal references without providing explanations or summaries for readers who may not be familiar with such references, which may hinder understanding.
• Instructions on how to comment confidentially could be perceived as complicated, especially for individuals unfamiliar with legal terminology.
• The document assumption that all comments, regardless of content, will be made publicly available might deter individuals from submitting comments even when confidentiality is requested.