S. 4090: Protecting Access to American Products Act

The Protecting Access to American Products Act is a proposed piece of legislation that seeks to modify existing requirements related to the shipping of goods within the United States. The primary focus of the bill is to establish a process for temporarily waiving certain coastwise endorsement requirements that govern the transportation of goods by vessels, particularly when there is a scarcity of qualified carriers. Here’s a summary of the key components:

Waiver of Coastwise Endorsement Requirements

The bill aims to amend Section 12112 of Title 46 of the United States Code by allowing agency heads to grant temporary waivers under specific conditions. These conditions include:

• The absence of a product carrier that meets the customary requirements and is available to transport a specified good.
• The requester must show they made a good faith effort to find a suitable product carrier.

Duration and Extension of Waivers

Any waiver granted would be limited in duration and valid for a minimum of 30 days. If the circumstances leading to the waiver have not significantly changed, the agency head may extend it for additional periods of at least 15 days each.

Response Time for Waiver Requests

The bill stipulates that agencies must respond to waiver requests within 60 days. If they fail to do so, the request will be automatically considered granted after 61 days, providing a temporary waiver for 30 days. Additionally, if a waiver is denied, the agency must issue a report explaining the reasons for the denial within 14 days of the decision.

Notification Requirements

Agencies are required to notify Congress when they receive a request for a waiver and when a waiver is issued, both within 48 hours. This notification must include detailed explanations regarding the necessity of the waiver.

Definitions

Two key terms are defined in the bill:

• Product Carrier: A vessel specifically designed or adapted to carry the specified good in bulk.
• Head of an Agency: Refers to the individual in charge of the agency responsible for the administration of navigation or vessel inspection laws.

Overall Purpose

The overall objective of the bill is to facilitate the transportation of goods within the U.S. by providing a more flexible regulatory framework when there are shortages of appropriate vessels for carrying these goods. This could help ensure that products can still reach various markets despite logistical challenges.

Relevant Companies

• UPS - United Parcel Service, a parcel delivery and supply chain management company that may be impacted by changes in shipping regulations and the availability of carriers.
• FDX - FedEx Corporation, similar to UPS, could be affected by the temporary waiver process for transporting goods.
• DHI - D.R. Horton, which could be impacted if the waiver influences the construction and delivery timelines for building materials.