b'LEGISLATIVE REPORTLEGISLATIVE Why MARADs Waiver Process Needs Stronger SafeguardsRICHARD PATCH // LEGISLATIVE DIRECTORA mericascoastwiselaws,waivermightallowaforeign-builtves- esprovideclearinstructionsforsub-suchastheJonesActsel to compete unfairly. mitting comments, and while there is andthePassengerVesselno limit to length, concise, fact-based ServicesAct(PVSA),are According to MARAD staff, there aresubmissionsaremosteffective.PVAiscornerstonesofU.S.maritimepoli- roughly150waiverapplicationseach workingtoprovideatemplateoppo-cy.Theyensurethatvesselscarrying year,andthevastmajorityaregrant- sition letter to help members quickly passengersorgoodsbetweenU.S.ed. Most of these applications are forprepare comments focused on how a portsareU.S.-built,U.S.-owned,uninspected six-pack vesselssmall proposed operation would affect their U.S.-flagged, and U.S.-crewed. Theseboats carrying six or fewer passengers.business. protections safeguard American jobs,Manyapplicationsinvolvevesselsthatshipyards,andmaritimebusinesseswerebuiltintheUnitedStatesbutPVAS PUSH FOR from unfair foreign competition, andwhose owners no longer have docu- STRONGER APPLICATION help maintain a strong and secure do- mentationtoproveU.S.build. REQUIREMENTSmestic maritime industry. InJune2025,MARADpublished While some waiver requests are un- a request for comments on its infor-Historically, the only way to obtain anlikely to harm Passenger Vessel Asso- mation collection process for waiverexception to these laws was through anciation (PVA) membersfor example,applications. PVA took the opportu-actofCongress;avessel-specific,legis- very small boats operating far from nity to urge MARAD to collect more lativewaiver.Thatchangedin1998, any members routesothers presentdetailed, relevant information fromwhenCongressamendedthelawtolegitimaterisksandimpositions.Awaiver seekers. The current applica-give the U.S. Maritime Administra- waiverapplicantmayintendtooper- tion form provides basic vessel andtion (MARAD) authority to considerate in direct competition with a PVAoperationdetails,butinmanycases andgrant(ordeny)waiversforsmall memberusingavesselthatdoesnot the information is too general to allow passengervesselscarrying12orfew- meet PVSAs U.S.-build standard. InMARAD, or the public, to accurately erpassengersforhire.Thischange,those cases, the threat to fair compe- assess economic impact.championed by the late Senator Johntitionisclear,andPVAwillvigorouslyMcCain,wasintendedtorelieveCon- opposethewaiver. In public comments that were submit-gressofreviewingsmall-vesselwaiver ted to MARAD, PVA recommended bills and to streamline the process forPVAstaffreviewtheFederalRegister the following improvements to thetruly minimal-impact operations. for MARAD waiver notices. Some- information collection process:times, our members become aware of Under this authority, MARAD pub- thenoticesfirst,andweappreciate Require Gross Regulatory Tonslishes waiver requests in the Federal those who forward them to us. When(GRT) in the application rather Register, listing each vessels name, awaiverrequestcouldnegativelyim- than net tonnage, since U.S. Coast intended commercial use, geographicpact a member, PVA stands ready toGuardcommercialvesselregula-area of operation, base of operations,assistinpreparingcommentstothetions are based on GRT.andvesselcharacteristics.Thepublic docket opposing the application.is invited to comment, giving U.S. Clarify the intended operation operators,shipbuilders,andothersCommentingonawaiverrequestneed byhavingapplicantsspecifyonean opportunity to raise concerns if anot be complicated. MARADs notic- of three allowable categories for FOGHORN 36'