MLAA Files FOIA Request Seeking All Documents Submitted to MARAD by Maersk & Other Vessel Operators Pursuant to Fake & Failed “Shipboard Climate Compliance Team (SCCT)” Sea Year Criteria
March 19, 2022
VIA E-MAIL to “FOIA.MARAD@dot.gov”
Attn: T. Mitchell Hudson
MARAD FOIA Officer
Re: Freedom of Information Act Request
Dear Mr./Ms./Mx. Hudson,
This letter constitutes a request under the Freedom of Information Act (“FOIA”) and is submitted on behalf of Maritime Legal Aid & Advocacy (“MLAA”) to the United States Maritime Administration (“MARAD”).
Background:
Maritime Legal Aid is a non-profit legal aid and advocacy organization advocating for the human rights of mariners.
The U.S. Maritime Administration (“MARAD”) administers the “Maritime Security Program (MSP).” At least 60 American-flag cargo vessels are enrolled in the MSP. In 2021, Vessel Operators, including Maersk Line, Limited, received more than $5 million in direct subsidies from MARAD for each vessel enrolled in the MSP.
In order to receive the MSP subsidies, federal law requires Vessel Operators to carry at least 2 cadets from the U.S. Merchant Marine Academy on every voyage. 46 U.S. Code § 51307 reads:
The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title…to carry on each Maritime Security Program vessel…2 United States Merchant Marine Academy cadets, if available, on each voyage.
In 2016 MARAD promulgated rules governing the carriage of USMMA cadets by Vessel Operators in accordance with 46 U.S. Code § 51307. These rules were known as the “Shipboard Climate Compliance Team (SCCT) Criteria.” MARAD’s SCCT Criteria were designed to address a crisis of sexual harassment, sexual assault, and rape inflicted upon students from the USMMA aboard vessels carrying students from the USMMA. However, the SCCT Criteria were ineffective at stopping the rapes, and in December, 2021 the criteria were replaced by a new set of MSP Vessel Operator Criteria known as “Every Mariner Builds a Respectful Culture (EMBARC)” Criteria.
Consistent with our organization’s mission, and pursuant to the Freedom of Information Act, 5 U.S.C. § 552, MLAA respectfully requests the following information from DOT:
Documents and Data Requested:
All documents submitted to MARAD by Vessel Operators pursuant to MARAD’s Shipboard Climate Compliance Team (SCCT) Criteria from January 1, 2016 to January 1, 2022.
All documents sent to Vessel Operators by MARAD pursuant to MARAD’s Shipboard Climate Compliance Team (SCCT) Criteria from January 1, 2016 to January 1, 2022.
Request for “News Media” Fee Status and Fee Waiver:
MLAA is a “representative of the news media” for fee waiver purposes. Based on our status as a “news media” requester, we are entitled to receive the requested records with only duplication fees assessed. Further, because disclosure of this information will “contribute significantly to public understanding of the operations or activities of government,” any duplication fees should be waived. Under FOIA, “Representative of the News Media” is defined as “[a]ny person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.”
Please visit maritimelegalaid.com to find numerous examples of news articles created by MLAA which required our organization to take raw materials from documents obtained via the Freedom of Information Act and then use those raw materials to create completely distinct works that were distributed to a global audience.
There is no doubt that the information we are seeking will contribute significantly to public understanding of U.S. Vessel Operators’ compliance with the provisions of MARAD’s SCCT Criteria, as well as MARAD’s recently released EMBARC standards relating to incidents of sexual harassment and sexual assault occuring aboard vessels carrying cadets from the USMMA. The FOIA’s fee waiver amendments were enacted to allow further disclosure to nonprofit, public interest organizations, since the FOIA as a whole is to be construed broadly in favor of disclosure. See, e.g., Dep't of Air Force v. Rose, 425 U.S. 352, 366 (1976).
Further, the disclosure of this information is of no commercial interest to MLAA. Under the FOIA, a commercial interest is one that furthers a commercial, trade, or profit interest, as those terms are commonly understood. See, e.g., The Freedom of Information Reform Act of 1986; Uniform Freedom of Information Act Fee Schedule and Guidelines, 52 Fed. Reg. 10012, 10017–18 (Mar. 27, 1987). None of those interests are present in this request, as MLAA works to achieve its goals through media outreach and public education.
Conclusion:
We are willing to pay up to $1,000.
Thank you for your consideration of this request. For questions regarding this request I can be contacted via email at help@maritimelegalaid.com.
Respectfully Submitted,
J. Ryan Melogy
MLAA Chief Legal Officer
Coordinator, MLAA Open Government Project