REG 46 CFR PART 252-2011 OPERATING-DIFFERENTIAL SUBSIDY FOR BULK CARGO VESSELS ENGAGED IN WORLD-WIDE SERVICES.pdf

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1、69 Maritime Administration, DOT 252.3 which sum will be retained to recover the cost of processing the application. (Sec. 4; 5 U.S.C. 553) G.O. 106, 31 FR 3397, Mar. 4, 1966 PART 252OPERATING-DIFFEREN-TIAL SUBSIDY FOR BULK CARGO VESSELS ENGAGED IN WORLD-WIDE SERVICES Subpart AIntroduction Sec. 252.1

2、 Purpose. 252.2 Policy. 252.3 Definitions. 252.4 Waivers. Subpart BEligibility and Agreement 252.10 Eligibility. 252.11 Application forms. 252.12 Approval. 252.13 Contract. Subpart COperation 252.20 Subsidized and nonsubsidized voy-ages. 252.21 Essential service requirement. 252.22 Substantiality an

3、d extent of foreign- flag competition. 252.23 Financial and other reporting re-quirements. 252.24 Continued eligibility for subsidy. Subpart DCalculation of Subsidy Rates 252.30 Amount of subsidy payable. 252.31 Wages of officers and crews. 252.32 Maintenance (upkeep) and repairs. 252.33 Hull and ma

4、chinery insurance. 252.34 Protection and indemnity insurance. Subpart ESubsidy Payment and Billing Procedures 252.40 Payment of subsidy. 252.41 Subsidy billing procedures. 252.42 Appeals procedures. AUTHORITY: 46 app. U.S.C. 1114(b), 1117, 1121, 1171, 1172, 1173, and 1175; 49 CFR 1.66. SOURCE: 40 FR

5、 43490, Sept. 22, 1975, unless otherwise noted. Subpart AIntroduction 252.1 Purpose. This part prescribes regulations im-plementing provisions in Title VI of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 11711176 and 11781181) governing operating-differen-tial subsidy for bulk cargo vess

6、els en-gaged in carrying bulk cargo in essen-tial services in the foreign commerce of the United States. 51 FR 40425, Nov. 7, 1986, as amended at 61 FR 32706, June 25, 1996 252.2 Policy. The policy of the Merchant Marine Act, 1936, as amended, is set forth in section 101 thereof, as follows: It is n

7、ecessary for the national defense and development of its foreign and domestic commerce that the United States shall have a merchant marine (a) sufficient to carry its domestic water-borne commerce and a sub-stantial portion of the water-borne export and import foreign commerce of the United States a

8、nd to provide shipping service essen-tial for maintaining the flow of such domes-tic and foreign water-borne commerce at all times, (b) capable of serving as a naval and military auxiliary in time of war or national emergency, (c) owned and operated under the United States flag by citizens of the Un

9、ited States insofar as may be practicable, (d) composed of the best-equipped, safest, and most suitable types of vessels, constructed in the United States and manned with a trained and efficient citizen personnel, and (e) sup-plemented by efficient facilities for ship-building and ship repair. It is

10、 hereby de-clared to be the policy of the United States to foster the development and encourage the maintenance of such a merchant marine. 252.3 Definitions. When used in this part: (a) Act means the Merchant Marine Act, 1936, as amended (46 U.S.C. 1101 1294). (b) Maritime Administrator means the Ma

11、ritime Administrator, Department of Transportation of the Department of Transportation. (c) Board means the Maritime Sub-sidy Board of the Maritime Adminis-tration. (d) Bulk cargo vessel means a vessel built to carry solid, liquid or gaseous commodities that in normal shipment are contained only by

12、the vessels structure. (e) Citizen of the United States includes a corporation, if all directors of the corporation are citizens of the United States, partnership or association but only if it is deemed a citizen of the United States under section 2 of the Shipping Act, 1916, as amended (46 U.S.C. 8

13、02). VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00079 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-70 46 CFR Ch. II (10111 Edition) 252.4 (f) Contracting Officer means the As-sociate

14、 Administrator for Maritime Aids. (g) Fiscal year means any annual pe-riod beginning on July 1 and ending on June 30. (h) Foreign-flag competition means those foreign-flag vessels deemed by the Board to be competitive with the subsidized vessel. (i) Gross revenue means the operators total gross rece

15、ipts from cargoes or fix-tures of a vessel or both. (j) Operating-differential subsidy agree-ment (ODSA) means the agreement en-tered into by the operator and the United States government for the pay-ment of operating-differential subsidy. (k) Operating-differential subsidy (ODS) means, except as th

16、e operator and the United States government should agree upon a lesser amount, the excess of the cost of subsidizable items of expense incurred in the operation under United States registry of a vessel over the estimated fair and reasonable cost of the same items of expense (ex-cluding any increase

17、in the cost of such items necessitated by features incor-porated for national defense), if such vessel were operated under the registry of a foreign country whose vessels are substantial competitors of the vessel, or such sums as the Board may deter-mine to be necessary to make the cost of operating

18、 such vessel competitive with the cost of operating similar ves-sels under the registry of a foreign country. (l) Operator means any individual, partnership, corporation or association that contracts with the United States government under Title VI of the Act to receive ODS. (m) Reduced crew period

19、means any period in port beginning on the day that a vessels normal crew com-plement is reduced by 4 or more men and division of wages is not paid for the missing men and ending on the day prior to the day that the vessels crew complement is restored to not more than 3 men less than the normal crew

20、complement, or division of wages is paid for the missing men, or the vessel is temporarily or permanently with-drawn from subsidized service, which-ever occurs first. (n) Region Director means the Region Director of the Maritime Administra-tion within whose region the principal office of the operato

21、r is located. (o) Subsidized service means the oper-ation of a vessel other than in the coastal or intercoastal trade in accord-ance with the terms and conditions of the ODSA. (p) Subsidy rate means the method adopted by the Board for determining the amount of ODS that is to be paid for an item of s

22、ubsidizable expense. (q) Subsidized vessel means a vessel covered by an ODSA. (r) U.S. foreign commerce means the commerce or trade between the United States, its territories or possessions, or the District of Columbia and a foreign country. (s) Vessel means subsidized vessel un-less otherwise speci

23、fied. (t) Voyage day means any day or part of a day during which a subsidized ves-sel is operated in accordance with the terms and conditions of the ODSA. 40 FR 43490, Sept. 22, 1975, as amended at 45 FR 30442, May 8, 1980; 51 FR 40425, Nov. 7, 1986 252.4 Waivers. In special circumstances and for go

24、od cause shown, the procedures prescribed in this part may be waived, in writing, by mutual agreement of the parties, in keeping with the circumstances then present, provided that the procedures adopted are consistent with the Act and with the intent of these regula-tions. 51 FR 40425, Nov. 7, 1986

25、Subpart BEligibility and Agreement 252.10 Eligibility. Any citizen of the United States may apply to the Board for the payment of ODS for the operation of a bulk cargo vessel in an essential service in the U.S. foreign commerce. 252.11 Application forms. Application forms may be obtained from the Se

26、cretary, Maritime Adminis-tration, Department of Transportation, Washington, DC 20590. VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00080 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-7

27、1 Maritime Administration, DOT 252.20 252.12 Approval. The Board may not approve an appli-cation for the payment of ODS until the Board has determined, in addition to other statutorily required deter-minations, that: (a) The operation of the vessel in an essential service is required to meet foreign

28、-flag competition and to pro-mote U.S. foreign commerce; (b) The vessel was built in the United States, or built foreign and determined to be eligible for ODS pursuant to the applicable law at the time it was built or acquired, and the vessel is docu-mented under the laws of the United States. (c) T

29、he applicant owns or leases, or can and will build or purchase or lease, a vessel or vessels of the size, type, speed and number, and with the proper equipment required to enable him to operate in an essential service in such manner as may be necessary to meet competitive conditions and to promote U

30、.S. foreign commerce; (d) The applicant possesses the abil-ity, experience, financial resources and other qualifications necessary to en-able him to conduct the proposed oper-ation of the vessel to meet competitive conditions and promote U.S. foreign commerce; (e) The granting of the aid applied for

31、 is necessary to place the proposed oper-ations of the vessel on a parity with the vessels of foreign competitors, and is reasonably calculated to carry out effectively the purposes and policy of the Act; (f) The vessel is of steel or other ac-ceptable metal, is propelled by steam or motor, and is a

32、s nearly fireproof as practicable; and (g) The vessel is constructed in ac-cordance with plans and specifications approved by the Board and Secretary of the Navy, with particular reference to economical conversion into an auxil-iary naval vessel, or approved by the Board and Navy Department as other

33、-wise useful to the United States in time of national emergency. 40 FR 43490, Sept. 22, 1975, as amended at 51 FR 40425, Nov. 7, 1986 252.13 Contract. Upon approval by the Board of an ap-plication for ODS, the applicant and the United States may enter into an ODSA. Subpart COperation 252.20 Subsidiz

34、ed and nonsubsidized voyages. (a) Subsidized voyages(1) Minimum operation. The operator shall operate each subsidized vessel for a minimum of 335 days each year in the worldwide carriage of bulk cargo in the U.S. for-eign commerce and in the carriage of such cargo between foreign ports. (2) Commence

35、ment. The first voyage shall commence at the time provided in the ODSA. All subsequent voyages shall commence at 0001 hours local time of the day following the day of termination of the previous voyage or, in the event that a reduced crew period follows such termination, at 0001 hours local time of

36、the day following the day on which such reduced crew period ter-minates. (3) Termination. A voyage shall termi-nate at 2400 hours local time: (i) In a U.S. port, on the day of com-pletion of (a) paying off the crew from foreign articles, (b) discharge of cargo at the last U.S. port of discharge, or

37、(c) voyage repairs, whichever event occurs last; (ii) In a foreign port, on the day (a) of completion of the discharge of cargo if the vessel loads cargo in such port of discharge, (b) prior to the day of com-mencement of loading cargo if the ves-sel departed its last port of cargo dis-charge in bal

38、last; (iii) In the case of special cir-cumstances such as strike or lack of cargo activity, on the day approved by the Region Director upon request for a variance by the operator; or (iv) On the final voyage, on the day provided in the ODSA for termination of the final voyage. (4) Periods of reduced

39、 crew, idleness, delay or lay-up(i) Report by operator. The operator shall report promptly to the Region Director any reduced crew period and any period of idleness, lay- VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00081 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHS

40、Not for ResaleNo reproduction or networking permitted without license from IHS-,-,-72 46 CFR Ch. II (10111 Edition) 252.21 up or delay occurring during or be-tween voyages and the facts and cir-cumstances relating to any such pe-riod. (ii) Region Directors finding. The Re-gion Director shall make a

41、finding as to whether the period reported by the operator could have been avoided through the efficient and economical operation of the vessel and whether op-erating costs were reduced to a min-imum in accordance with sound com-mercial practice. The Region Director shall, by means of a written repor

42、t, promptly advise the operator and Con-tracting Officer of his finding. (iii) Contracting Officers determina-tion. The Contracting Officer shall con-sider the Region Directors finding and shall determine what costs, if any, shall be subsidized during the period reported by the operator. The Con-tra

43、cting Officer shall promptly advise the operator of his determination in writing. (b) Nonsubsidized voyages in the U.S. foreign commerce. (1) For any period of nonsubsidized service in the U.S. for-eign commerce with respect to which the Board has granted prior authoriza-tion, a vessel shall go off

44、subsidy after 2400 hours local time of the day of final discharge of cargo on the last sub-sidized voyage, or in the event the non-subsidized voyage follows a subsidized period of reduced crew, idleness or lay- up, the vessel shall be deemed to be off subsidy at 0001 hours local time of the day foll

45、owing the day on which such period of reduced crew, idleness or lay- up terminates. The vessel shall con-tinue in this nonsubsidized service until 2400 hours local time of the day of final discharge of the nonsubsidized cargo after which time the vessel will resume subsidized status. In the event th

46、e vessel makes consecutive non-subsidized voyages during any such pe-riod of nonsubsidized service, it will re-main in nonsubsidized status until completion of the final nonsubsidized voyage. (2) For the purposes of meeting the requirements set forth in 252.20(a) and 252.21, any such nonsubsidized v

47、oy-age will be considered in the same manner as a subsidized voyage. (3) Voyage reports shall be submitted upon the completion of each non-subsidized voyage in the same manner as specified in 252.23(a) and shall clearly indicate that the voyage is non-subsidized. 40 FR 43490, Sept. 22, 1975, as amen

48、ded at 43 FR 4858, Feb. 6, 1978; 51 FR 40426, Nov. 7, 1986 252.21 Essential service requirement. (a) Essential service. A vessel which is not subject to a charter, or a vessel subject to a charter which does not ex-ceed 5 years duration and which may not be extended beyond 5 years dura-tion by exerc

49、ise of an option either within the charter or contained in a separate agreement, shall be deemed to be in an essential service, within the meaning of section 211(b) of the Act. The operator shall be entitled to the full amount of ODS payable under the operators ODSA (less any reduction with respect to the carriage of cargo in the coastwise or intercoastal trades, as described in section 605(a) of the Act). A vessel subject to a charte