REG 46 CFR PART 280-2011 LIMITATIONS ON THE AWARD AND PAYMENT OF OPERATING-DIFFERENTIAL SUBSIDY FOR LINER OPERATORS.pdf

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1、96 46 CFR Ch. II (10111 Edition) 276.1 276.2 Reporting requirementpartial repay-ment. AUTHORITY: 46 App. U.S.C. 1114(b), 1117, 1156, and 1204; 49 CFR 1.66. 276.1 Partial repaymentincidental domestic trading. In every instance where a vessel, with respect to which a construction- differential subsidy

2、 has been paid or al-lowance therefor has been made in cal-culating the basic charter hire under section 714 of the Merchant Marine Act, 1936, as amended (49 Stat. 1995, 52 Stat. 995; 46 U.S.C. 1151) is operated in other than exclusively foreign trade, the owner or charterer thereof shall pay to the

3、 Maritime Administration, not later than March 31 of the calendar year succeeding such operation, the proportion of the difference between the domestic and foreign cost of such vessel that is required to be paid to the Maritime Administration in such act, and particularly sections 506 and 714 thereo

4、f. (Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114) G.O. 50, 7 FR 588, Jan. 29, 1942, as amended at 45 FR 68394, Oct. 15, 1980 276.2 Reporting requirementpartial repayment. Every owner of a vessel for which a construction-differential subsidy has been paid and every charterer of a ves-sel const

5、ructed under the provisions of the Merchant Marine Act, 1936, shall file with the Maritime Administration a General Financial Statement in the form and at the times prescribed by the Maritime Administration but not less frequently than annually; the amount of the payment due the Maritime Ad-ministra

6、tion on account of the oper-ation of such vessel in other than ex-clusively foreign trade must be shown in Balance Sheet Account No. 430; and a schedule reflecting the details of the manner in which the amount of such payment was determined must be made a corporate part of the General Finan-cial Sta

7、tement. (Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114) G.O. 50, 7 FR 588, Jan. 29, 1942, as amended at 45 FR 68394, Oct. 15, 1980 PART 277DOMESTIC AND FOREIGN TRADE; INTERPRETATIONS 277.1 Guam, Midway and Wake. Steamship service between ports of the United States mainland and ports in the isl

8、ands of Guam, Midway and Wake is not domestic intercoastal or coastwise service within the meaning of section 805(a) of the Merchant Ma-rine Act, 1936. This interpretation is limited to Guam, Midway and Wake and does not signify that a similar in-terpretation is or would be applicable to Hawaii, Pue

9、rto Rico or Alaska. (Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114. Interprets or applies sec. 805, 49 Stat. 2012, as amended; 46 U.S.C. 1223) G.O. 73, 15 FR 9065, Dec. 19, 1950 PART 280LIMITATIONS ON THE AWARD AND PAYMENT OF OP-ERATING-DIFFERENTIAL SUBSIDY FOR LINER OPERATORS Sec. 280.1 Purpo

10、se. 280.2 Definitions. 280.3 Standards governing award of an ODS agreement. 280.4 Standards governing payment of ODS. 280.5 Criteria for determining whether or not civilian preference cargo is carried at a premium rate. 280.6 Calendar year accounting. 280.7 Reporting and recordkeeping require-ments.

11、 280.8 Certain ODS agreement provisions not affected. 280.9 Special rules for last year of ODS agreement. 280.10 Waiver. 280.11 Example of calculation and sample report. AUTHORITY: Sec. 204(b), Merchant Marine Act, 1936, as amended (46 U.S.C. 1114) Reorga-nization Plans No. 21 of 1950 (64 Stat. 1273

12、) and No. 7 of 1961 (75 Stat. 840) as amended by Pub. L. 91469 (84 Stat. 1036), Department of Commerce Organization Order 108 (38 FR 19707, July 23, 1973). SOURCE: 42 FR 61460, Dec. 5, 1977, unless otherwise noted. 280.1 Purpose. The purpose of this part is to pre-scribe regulations governing the aw

13、ard of operating-differential subsidy agree-ments and payment of operating-dif-ferential subsidy to liner operators VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00106 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted w

14、ithout license from IHS-,-,-97 Maritime Administration, DOT 280.2 under Title VI of the Merchant Marine Act, 1936, as amended, as interpreted by the Maritime Subsidy Board in Docket No. S244. 280.2 Definitions. For purposes of this part only: (a) Commercial cargo means cargo other than military carg

15、o and civilian preference cargo. (b) Military cargo means that cargo required to be carried on a U.S.-flag vessel by 10 U.S.C. 2631. (c) Civilian preference cargo means any cargo other than military cargo re-quired by law to be carried on a U.S.- flag vessel, including, but not limited to, cargo req

16、uired to be carried on a U.S.-flag vessel by 15 U.S.C. 616a and 46 U.S.C. 1241(b). (d) Conference-rated civilian preference cargo means any civilian preference cargo moving at rates set by an inter-national rate conference. (e) International rate conference means any formal organization of competing

17、 carriers established for the purpose of setting shipping rates. (f) Open-rated civilian preference cargo means any civilian preference cargo moving at a rate other than a set rate established by an international rate conference. (g) Open-rated civilian preference cargo carried at the world rate mea

18、ns any open-rated civilian preference cargo that is considered pursuant to 280.5 not to be carried at a premium rate. (h) Competitive cargo means commer-cial cargo, conference-rated civilian preference cargo, and open-rated civil-ian preference cargo carried at the world rate. (i) Secretary means th

19、e Secretary of the Maritime Administration, Depart-ment of Transportation. (j) Region Director means the Region Director of the Maritime Administra-tion within whose region the principal office of the operator is located. (k) Operator means any individual, partnership, corporation or association tha

20、t contracts with the United States Government under Title VI of the Act to receive ODS. (l) Board means the Maritime Sub-sidy Board of the Maritime Adminis-tration, Department of Transportation. (m) Act means the Merchant Marine Act, 1936, as amended. (n) Operating-differential subsidy (ODS) means,

21、except as the operator and the United States Government shall 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 an

22、y increase 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. (o) Gross freight revenue means total gross receipts earned from the carria

23、ge of cargo (other than mail) in the U.S. foreign commerce. (p) Miscellaneous gross revenue means total gross receipts earned in the U.S. foreign commerce from the carriage of passengers and mail plus miscellaneous voyage revenues. (q) Inbound gross freight revenue means gross freight revenue earned

24、 from the carriage of cargo in foreign commerce inbound to the United States. (r) Outbound gross freight revenue means gross freight revenue earned from the carriage of cargo in foreign commerce outbound from the United States. (s) Wayport gross freight revenue means gross freight revenue earned fro

25、m the carriage of cargo between for-eign ports. (t) Total gross revenue means the sum of inbound gross freight revenue, out-bound gross freight revenue, wayport gross freight revenue and miscella-neous gross revenue. (u) Service means any essential serv-ice in the foreign commerce of the United Stat

26、es under section 211(a) of the Act for which an ODS agreement has been entered into by the operator and the United States. (v) ODS payable on the inbound leg of a service means the inbound gross freight revenue of the service divided by the total gross revenue of the serv-ice times the ODS payable f

27、or the serv-ice. (w) ODS payable on the outbound leg of a service means the outbound gross VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00107 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,

28、-,-98 46 CFR Ch. II (10111 Edition) 280.3 freight revenue of the service divided by the total gross revenue of the serv-ice times the ODS payable for the serv-ice. (x) U.S. foreign commerce means the commerce or trade between the United States, its territories or possessions, or the District of Colu

29、mbia and a foreign country. 280.3 Standards governing award of an ODS agreement. No ODS agreement, including any amendments thereto concerning addi-tional services or revised service area, shall be made under Title VI of the Act, unless the applicant establishes in its application to the satisfactio

30、n of the Board, that the vessel operations proposed to be subsidized will be con-ducted in a manner which will not pre-clude the applicant from earning at least 50 percent of its inbound gross freight revenue and at least 50 percent of its outbound gross freight revenue for each service covered by t

31、he applica-tion from the carriage of competitive cargo. 280.4 Standards governing payment of ODS. (a) Full payment. Except to the extent otherwise provided in 280.8, ODS shall be paid in full to the operator for vessel operations on the inbound and out-bound legs of each service if, during the calen

32、dar year, at least 50 percent of the inbound and 50 percent of the outbound gross freight revenues earned on voy-ages terminated during the calendar year, for each service, are earned from the carriage of competitive cargo. (b) Reduction in payment(1) Inbound leg of service. The amount of ODS pay-ab

33、le for the inbound leg of a service for the calendar year shall be reduced as provided in paragraph (b)(3) of this sec-tion if, during the calendar year, less than 50 percent of the inbound gross freight revenue earned in such service, on voyages terminated during the cal-endar year, is earned from

34、the carriage of competitive cargo. (2) Outbound leg of service. The amount of ODS payable for the out-bound leg of a service for the calendar year shall be reduced as provided in paragraph (b)(3) of this section if, dur-ing the calendar year, less than 50 per-cent of the outbound gross freight rev-e

35、nue earned in such service, on voyages terminated during the calendar year, is earned from the carriage of competi-tive cargo. (3) ODS reduction formula. The reduc-tion in ODS payable required by para-graphs (b) (1) and (2) of this section for any calendar year shall be made by re-ducing the amount

36、payable on one or more ODS vouchers for the subsequent calendar year by a cumulative amount equal to an amount determined in ac-cordance with the following table: Percent of inbound or outbound gross freight revenue from carriage of competitive cargo ODS reduction140 to 49.9 20 30 to 39.9 40 20 to 2

37、9.9 60 10 to 19.9 80 0 to 9.9 100 1Expressed in percent of total ODS payable for cargo car-riage on the inbound or outbound leg of the service. (4) Last calendar year exception. The provisions of this paragraph do not apply to the last calendar year of an ODS agreement except to the extent that any

38、reduction in ODS payable re-quired by this section for the calendar year immediately preceding the last calendar year is to be made, pursuant to paragraph (b)(3) of this section, on ODS vouchers submitted in the last calendar year. 280.5 Criteria for determining wheth-er or not civilian preference c

39、argo is carried at a premium rate. Civilian preference cargo shall be considered to be carried at a premium rate unless carried: (a) At the tariff commodity rate pub-lished in a conference tariff or at the stated minimum level or floor rate for an open-rated commodity published in a conference tarif

40、f, Provided, That the international rate conference issuing such tariff commodity rate, stated minimum level, or floor rate has at least one foreign-flag carrier as a vot-ing member, or (b) At a rate or tariff agreement rate, or at the stated minimum level or floor rate for an open-rated commodity,

41、es-tablished by a rate making group other than an international rate conference, Provided, That such rate making group has at least one foreign-flag carrier as a voting member, or VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00108 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provid

42、ed by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-99 Maritime Administration, DOT 280.7 (c) At a rate approximately the same as or less, or at a rate that the sub-sidized operator by use of indices or other mechanism can demonstrate is reasonably equated to

43、or less, than a rate quoted or actually charged by a foreign-flag carrier for the same com-modity with the same or a competitive origin and destination and within a reasonably similar time period. This paragraph is applicable to, but is not limited to, rates: (1) Established by a conference or other

44、 rate making group that has only U.S. flag carriers as voting members; (2) Quoted by an individual member of an international rate conference or other rate making group with permits an individual member to negotiate or otherwise establish its own rate; or (3) Quoted by a carrier and not pub-lished i

45、n any conference tariff. 280.6 Calendar year accounting. Except as provided in 280.9 (relating to the final year of an ODS agreement), the calculations required under this part for years after 1973 shall be on the basis of voyages terminated during the calendar year. Calculations for the cal-endar y

46、ear 1973 shall be made on the basis of voyages commenced and termi-nated in 1973. 280.7 Reporting and recordkeeping requirements. (a) Reporting requirement. Except as provided in 280.9 of this part (relating to the final year of an ODS agreement), each operator shall submit to the Sec-retary (two co

47、pies) and to the Region Director (one copy), by March 31 of the succeeding year, a report for each cal-endar year setting forth for each serv-ice; the total gross revenue, the mis-cellaneous gross revenue, the inbound and outbound gross freight revenues, the wayport gross freight revenue, and the ou

48、tbound and inbound gross freight revenues earned from the carriage of military cargo and from the carriage of civilian preference cargo carried at premium rates as determined pursuant to 280.5. See 280.10(b) for the form of the report required to be submitted by this paragraph. (b) Recordkeeping req

49、uirement. In sup-port of each report submitted pursuant to this section or 280.9, each operator shall: (1) Maintain and make available for audit upon request, records for each service, outbound and inbound, which show for each item of civilian pref-erence cargo carried during the cal-endar year, the name of the commodity carried according to the tariff descrip-tion, the rate at which it was carried, the world rate for the commodity for the same