REG 46 CFR PART 281-2011 INFORMATION AND PROCEDURE REQUIRED UNDER LINER OPERATING-DIFFERENTIAL SUBSIDY AGREEMENTS.pdf

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1、102 46 CFR Ch. II (10111 Edition) Pt. 281 MA819 (COMPANY)Continued Report of Revenues Earned for lll1Pursuant to 46 CFR Part 280 Form ApprovalOMB No. 41.R295415 Trade Route No. Trade Route No. Trade Route No. Dollars Percent Dollars Percent Dollars Percent Total gross revenue.1Enter Calendar Year l

2、or Cumulative Quarterly Period Ending ll as applicable for the report being filed. PART 281INFORMATION AND PROCEDURE REQUIRED UNDER LINER OPERATING-DIFFERENTIAL SUBSIDY AGREEMENTS Sec. 281.1 Information and procedure required under liner operating-differential subsidy agreements. 281.2 Definitions.

3、281.3 Method of commencing and termi-nating voyages and of determining idle status. 281.4 Treatment of subsidy during idle sta-tus and off-hire period. 281.5 Right of Maritime Administrator to recover subsidy for any period of idle-ness. 281.6 Interpretation. AUTHORITY: Sec. 204, 49 Stat. 1987, as a

4、mended; 46 U.S.C. 1114. Interpret or apply sec. 606, 49 Stat. 2004, as amended; 46 U.S.C. 1176. 281.1 Information and procedure re-quired under liner operating-dif-ferential subsidy agreements. In compliance with the terms of the operating-differential subsidy agree-ment, the following information s

5、hall be submitted to the Maritime Adminis-tration by each operator who is a party to any such agreement and operates liner type vessels pursuant to such agreement. (a) Sailing schedules, routes, etc. (1) One copy of a list of sailings is required to be submitted not later than the 5th day of each mo

6、nth, listing each out-bound sailing during the preceding month. Such list shall show for each such sailing: (i) Vessel name; (ii) voy-age number; (iii) last continental U.S. port; (iv) sailing date; and (v) the serv-ice on which the sailing took place. (2) A Final Report in five copies shall be subm

7、itted not later than 15 days after the end of the month in which the voyage is terminated and shall show: (i) The time and ports at which the voyage commenced and ter-minated; (ii) the arrival and sailing dates of the vessel at and from each United States and foreign port, includ-ing ports of call f

8、or bunkering and/or mail only; (iii) explanation of any delay in excess of 2 days at a United States or foreign port; (iv) appropriate notation of official authorization for any deviations from the service de-scribed in the applicable contract. (3) The procedures outlined in para-graphs (a) (1) and

9、(2) of this section shall be effective on the first of the month following publication in the FEDERAL REGISTER. (4) The sailing schedules and lists of sailings specified in this paragraph shall be sent to the Division of Trade Studies, Office of Subsidy Administra-tion, Maritime Administration, Wash

10、-ington, DC 20590. (b) Condition of vessels, inspection and repairs. (1) In order that the Maritime Administration may have an oppor-tunity to participate in the inspection of the vessels, the operator is required to give at least twenty-four hours no-tice to the Maritime Administration as to the ti

11、me and place of making in-spections. In the event the Maritime Administrations representative is not available, the operator shall employ an independent surveyor, who shall be sat-isfactory to the Maritime Administra-tion, and proceed with inspection, and a report thereof shall be made to the Mariti

12、me Administration on forms MA55, MA56, MA57, and MA58, sworn to by persons making the inspec-tion. (2) The operator shall give due notice to the local office of the Division of Maintenance and Repair, at the port at which the vessel is to be available, of the port, date and time for the making of re

13、pairs or replacements in the United States. VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00112 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-103 Maritime Administration, DOT 281.1 (3) I

14、n connection with further re-quirements, reference is made to Gen-eral Order 20 (Part 271 of this chapter) and supplements thereto for more de-tailed instruction. (4) Vessel repairs are to be performed within the continental limits of the United States, except in emergency cases the necessity for wh

15、ich the oper-ator should be prepared to justify upon audit. (c) Insurance. (1) Immediately upon the binding of any insurance with re-spect to any vessel covered by the oper-ators subsidy agreement, there shall be submitted to the Division of Insur-ance Office of the Comptroller, Mari-time Administra

16、tion, Washington, DC 20590, for the Maritime Administra-tions approval, a signed copy of each cover note issued by the operators bro-kers, which, to the extent applicable, shall set forth as to such vessel the amounts covered by hull, disburse-ments and other forms of total loss protection, as well

17、as P and I insur-ance. Such cover notes shall include the rates, the amounts placed in the different markets, the companies inter-ested, the policy numbers and the amount underwritten by each policy; also, there shall be shown the amount of the deductible average, if any. Upon request, policies shal

18、l be submitted to the Maritime Administration for exam-ination and return. (2) The Maritime Administration shall be advised promptly of any can-cellation, changes in terms, or compa-nies interested, and of any lay-up peri-ods which will permit of the collection of return premiums, and of any major c

19、asualty or total loss which may occur. (3) Insurance arranged in conformity with the requirements of applicable mortgages held by the United States will be deemed sufficient to comply with the requirements of the operators operating-differential subsidy agree-ment. (4) The Maritime Administration fu

20、r-thermore, wishes to emphasize its de-sire that as much of the American Mer-chant Marine insurance coverage as is practicable be placed in the American insurance market. Therefore, when a renewal of policies or new insurance is under negotiation by an operator sub-ject to the provisions of this ord

21、er, it is urgently requested that particular at-tention be given to the Maritime Ad-ministrations desire as herein ex-pressed with regard to markets in which such insurance may be placed, and that the Maritime Administration be notified in ample time to give con-sideration to the pertinent facts and

22、 circumstances of each case, so that prior to the attachment of such insur-ance, approval thereof or suggested changes may be indicated. (d) Inventories. Twenty-four hours notice shall be given to the Maritime Administration as to the time and place of inventorying classification-re-quired spare par

23、ts, ships spare equip-ment, fuel and stores as are custom-arily inventoried and the cost of which is charged to the voyage accounts. If, upon giving the above-required notice, the Maritime Administrations rep-resentatives are not present, the oper-ator is to proceed with his inventory in the normal

24、way. The operator may use his own inventory forms, one copy of which shall be sworn to by the persons taking the inventory and included in the voyage accounting. (e) Partial payments on account. When partial payments are desired on ac-count of operating-differential subsidy accruals, the operator sh

25、ould commu-nicate with the Comptroller, Maritime Administration, Washington, DC 20590, who shall forward necessary instruc-tions and forms to be used. (f) Current financial reports. Each op-erator shall prepare current financial reports as specified in this paragraph and shall submit one copy each t

26、o the appropriate Region Director of the Maritime Administration and three copies each to the Director, Office of Financial and Rate Approvals, Mari-time Administration, Washington, DC 20590. MARAD will accept electronic options (such as facsimile and Internet) for transmission of required informa-t

27、ion to MARAD, if practicable. (1) Internal management reports. Each month the operator shall submit copies of such portions of its internal manage-ment reports that provide an estimate of its current operating results. (2) Quarterly balance sheets. The oper-ator shall prepare balance sheets as of Ma

28、rch 31, June 30, and September 30 of each calendar year in conformity with VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00113 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-104 46 CFR Ch

29、. II (10111 Edition) 281.1 section 282.6(A) of the Uniform System of Accounts (Part 282 of this chapter) and shall submit each as soon as prac-ticable but not later than 45 days after the end of the respective quarter. (3) Quarterly and cumulative income statements. The operator shall prepare income

30、 statements for the quarterly periods January 1, to March 31, April 1 to June 30, and July 1 to September 30, and for cumulative periods from Janu-ary 1 to the end of the second and third quarters of each calendar year in con-formity with section 282.6(B) of the Uniform System of Accounts (Part 282

31、of this chapter) and shall submit each statement as soon as practicable but not later than 45 days after the end of the respective quarter. (4) Annual financial report. The oper-ator shall submit Maritime Adminis-tration Form 172 for each calendar year by March 31 of the succeeding year. If the oper

32、ator is unable to submit Form 172 by March 31 of the succeeding year he shall, prior to such March 31, re-quest an extension for the filing of Form 172 from the Director, Office of Financial and Rate Approvals and shall submit by such March 31: (i) A balance sheet for the year end-ing on December 31

33、, in conformity with section 282.6(A) of the Uniform Sys-tems of Accounts; and (ii) An income statement for the quarterly period October 1 to December 31 and an income statement for the year ending on December 31, in con-formity with section 282.6(B) of the Uniform System of Accounts. (5) Vessel per

34、formance reports. Vessel performance reports shall be prepared for the period January 1 to March 31 of each calendar year, and from January 1 to the end of each succeeding quarter of the calendar year, in the form pro-vided in Exhibit A of paragraph (f)(7) of this section and consistent with the al-

35、location bases provided in paragraph (f)(6) of this section and shall include: (i) A grand summary of all termi-nated voyage results for the reporting period including any idle status period occurring during the reporting period and any additional charges or credits from prior terminated periods; (i

36、i) Summaries of each service by vessel type, as indicated in Exhibit (D) of paragraph (7) of this section, as of December 31 of each year; (iii) Individual reports by vessel for each idle status period occurring dur-ing any reporting period. (A) Vessel performance reports shall be submitted with the

37、 quarterly bal-ance sheets and income statements re-quired under paragraphs (f)(2) and (3) of this section and must be reconciled with voyage revenue and expense from all operations as reported in the in-come statement. (B) Depreciation Vessels is an ex-ample of a reconciling item. Vessel per-forman

38、ce reports which are properly prepared and filed will satisfy the re-porting requirements for sub-schedules 3002 of the Maritime Administration Form 172. (6) Allocation bases. The allocation bases to be applied in preparation of vessel performance reports required by paragraph (f)(5) of this section

39、 are as follows: (i) Terminal expenses. Terminal ex-penses defined by accounts 855 through 866 of the Uniform System of Accounts (282.3(E) of this chapter), including de-preciation accounts, for each terminal shall be allocated between terminated and unterminated voyages on the basis of freight paya

40、ble tons loaded and dis-charged on each vessel and voyage dur-ing the reporting period, except that in the case of terminals handling only one cargo carriage technology type (CCTT), which can be expressed in common units such as twenty-foot equivalent container units (TEUs) or the number of individu

41、al barges, such common unit may be used for allocating terminal ex-penses by vessel and voyage for each terminal, as shown in Exhibit B of paragraph (f)(7) of this section. (ii) Container/barge expense (A) Allocation of expense. Container/ barge expense defined by accounts 867 through 899 of the Uni

42、form System of Accounts (282.3(F) of this chapter), in-cluding depreciation accounts, shall be segregated between container and barge cost pools. Accounts 879, 880, and 894 shall be allocated between con-tainer and barge cost pools on an allo-cation basis developed by the operator. (B) Allocation of

43、 cost pools. Container and barge cost pools shall be allocated VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00114 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-105 Maritime Administrati

44、on, DOT 281.1 1Exhibit A filed as part of the original doc-ument. among vessels by voyage and idle sta-tus for each vessel in the same ratio that the total container or barge ca-pacity of each vessel multiplied by ves-sel days bears to the total container or barge capacity of the operators entire fl

45、eet multiplied by vessel days. Total container or barge capacity of a vessel means the total container or barge ca-pacity of the vessel, expressed in TEUs for containers and single units for barges, multiplied by the total number of containers or barges acquired for each available container or barge

46、 slot on the vessel. Vessel days means the number of days in the period for which an allocation of cost pools is being made. Containers and barges purchased by an operator for utilization in a par-ticular trade route shall be allocated by vessel capacity among the vessels in the trade route for whic

47、h they were purchased. See Exhibit C of paragraph (f)(7) of this section. (iii) Administrative and general ex-penses. Administrative and general ex-penses defined by accounts 901 through 979 of the Uniform System of Accounts (282.3(G) of this chapter) shall be allo-cated to terminated voyages for ea

48、ch vessel type by service or for each vessel by voyage, as required by paragraph (f)(5) of this section, based on the ratio that total terminated voyage operating expenses (accounts 701773 of the Uni-form System of Accounts) plus total terminated voyage operating revenue (accounts 601624 of the Unif

49、orm Sys-tem of Accounts) for each bears to the total terminated voyage operating ex-pense plus total terminated voyage op-erating revenue for the period, except that account 945 (advertising pas-sengers) will be allocated directly to passenger vessels based on passengers carried, account 955 (contributions to pools) may be allocated as an adminis-trative and general expense or directly to vessel and voyage based on pool statements, and that portion of ac-