Overview
Title
Request Notice: Use of Foreign-Built Small Passenger Vessel in United States Coastwise Trade, M/V VIXEN
Agencies
ELI5 AI
MARAD is thinking about letting a foreign-made boat called M/V VIXEN take people on trips in the U.S., and they want to hear what people think about it before making a decision, so everyone has until May 23, 2025, to share their thoughts.
Summary AI
The Maritime Administration (MARAD) is considering a request to use a foreign-built vessel called M/V VIXEN for U.S. coastwise trade, where vessels are limited to carrying no more than twelve passengers. MARAD seeks public comments to determine if this use would negatively affect U.S. vessel builders or businesses using U.S.-built ships. The public is encouraged to submit comments via the specified methods by May 23, 2025. All comments will become part of the public record unless deemed confidential under specific guidelines.
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 from the Federal Register outlines a notice from the Maritime Administration (MARAD) about a request to allow a foreign-built vessel, the M/V VIXEN, to participate in U.S. coastwise trade. Coastwise trade involves the transport of goods and passengers between U.S. ports, and regulations typically reserve this commerce for U.S.-built vessels to protect domestic maritime industries. The M/V VIXEN, specifically, would only carry up to twelve passengers. MARAD seeks public comments to determine if this proposed usage would detrimentally impact U.S. vessel builders or businesses that operate U.S.-built vessels.
General Summary
The document announces MARAD's solicitation of public comments regarding the potential authorization of a foreign-built vessel for U.S. coastwise trade. MARAD holds the authority to evaluate whether such actions harm U.S. interests, particularly focusing on the potential adverse effects on domestic shipbuilders and businesses aligned with U.S.-built vessels. The document gives detailed instructions on how to submit comments and underlines the importance of public participation in the decision-making process.
Significant Issues and Concerns
Several issues emerge from the document that may complicate public understanding and engagement:
Undefined Terms: The document does not clearly define what constitutes an "undue adverse effect" on U.S. industries, leaving room for subjective interpretation, which can lead to varying views and decisions.
Confidentiality Process: While the document describes a process for submitting comments confidentially, it lacks clarity on the criteria MARAD uses to determine what qualifies as confidential commercial information.
Judgment Criteria: There is no elaboration on the specific criteria MARAD will use to assess the impact on U.S. industries, which could lead to public uncertainty about how decisions are made.
Legal References: The document relies on complex legal references that are not explained, potentially alienating individuals unfamiliar with such regulations.
Comment Management: There is limited information on how MARAD will manage and respond to comments, particularly regarding the timeline and updates to the public docket.
Impact on the Public
For the general public, access to coastwise trade by foreign-built vessels could affect the competitiveness of domestic shipping options, potentially leading to costs and operational changes. However, broader implications depend on whether this leads to increased foreign competition or stimulates local innovation in response.
Impact on Specific Stakeholders
U.S. Vessel Builders: These stakeholders might face increased competition from foreign-built vessels, which may impact their market share and business operations.
Coastwise Trade Businesses: Businesses using U.S.-built vessels could experience market shifts, depending on how foreign-built vessels affect competitive dynamics.
Public Participation: Members of the public, industry experts, and businesses now have the opportunity to voice their concerns or support, influencing MARAD's decision that may lead to legislative and economic ramifications.
In summary, while the process invites public input, the success of such input requires clarity and transparency in decision-making criteria. For stakeholders directly affected by foreign competition, the potential for a significant reshaping of the landscape could hold both opportunities and challenges.
Issues
• The document does not specify what constitutes an 'undue adverse effect' on U.S. vessel builders or coastwise trade businesses, which may lead to varying interpretations and decisions.
• The process for submitting comments confidentially is described, but it does not clarify how MARAD determines what qualifies as confidential commercial information.
• There is no clarification on the criteria used by MARAD to assess the potential adverse impact on U.S. vessel builders or trade businesses.
• The document relies heavily on references to legal codes (46 U.S.C. 12121(b), 49 CFR 7.29) without providing summaries or explanations, which may be difficult for those unfamiliar with these regulations to understand.
• Details on how MARAD will manage and respond to comments received are limited, particularly regarding the timeline between comment submission and public docket updates.