REG 46 CFR PART 282-2011 OPERATING-DIFFERENTIAL SUBSIDY FOR LINER VESSELS ENGAGED IN ESSENTIAL SERVICES IN THE FOREIGN COMMERCE OF THE UNITED STATES.pdf

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1、108 46 CFR Ch. II (10111 Edition) 281.4 and if operating costs for said period were reduced to a minimum in accord-ance with sound commercial practice. G.O. 27, Rev. 2, 37 FR 18466, Sept. 12, 1972 281.4 Treatment of subsidy during idle status and off-hire period. During an idle status period, subsid

2、y shall be payable only for such subsidizable items of expenses as are determined by the Maritime Adminis-trator, after presentation by the oper-ator of the facts relating to such idle status period, to be necessary for the maintenance, preservation, repair, or husbanding of the vessel during and un

3、der the circumstances involved; how-ever, the Maritime Subsidy Board re-serves the right to suspend at any time the payment of subsidy on idle vessels when, after consideration of the facts and circumstances regarding such pe-riod, it determines that an unreason-able period has elapsed or such idle

4、pe-riod was not warranted: Provided, That as to a chartered ship operated under a Use Agreement, operating-differen-tial subsidy shall cease to accrue to the ship simultaneously with the time it goes off hire and subsidy shall not again accrue to said ship until it is re-employed in the subsidized s

5、ervice as determined in accordance with 281.3. Nothing herein shall limit any other rights of the United States with re-spect to the payment or nonpayment of subsidy. G.O. 27, Rev. 2, 37 FR 18466, Sept. 12, 1972 281.5 Right of Maritime Adminis-trator to recover subsidy for any period of idleness. Th

6、e Maritime Administrator may, prior to payment of subsidy for any voucher period which includes a period of idleness, require the operator to es-tablish to the satisfaction of the Mari-time Administrator that such period of idleness could not have been prevented in whole or in part through efficient

7、 and economical operation. The Mari-time Administrator may recover any payment of subsidy for any item of ex-pense allocable to such period of idle-ness which in the opinion of the Mari-time Administrator could have been avoided by efficient and economical op-eration. G.O. 27, Rev. 2, 37 FR 18466, S

8、ept. 12, 1972 281.6 Interpretation. All questions of interpretation aris-ing under the sections of this part shall be submitted to the Maritime Adminis-trator for determination, whose deci-sion thereon shall be final. G.O. 27, Rev. 2, 37 FR 18466, Sept. 12, 1972 PART 282OPERATING-DIFFEREN-TIAL SUBSI

9、DY FOR LINER VESSELS ENGAGED IN ESSENTIAL SERV-ICES IN THE FOREIGN COM-MERCE OF THE UNITED STATES Subpart AIntroduction Sec. 282.1 Purpose. 282.2 Definitions. 282.3 Waivers. Subpart BForeign-Flag Competition 282.10 Basis for determining foreign-flag competition. 282.11 Ranking of flags. Subpart CCal

10、culation of Subsidy Rates 282.20 Amount of subsidy payable. 282.21 Wages of officers and crew. 282.22 Maintenance (upkeep) and repairs. 282.23 Hull and machinery insurance. 282.24 Protection and indemnity insurance. Subpart DSubsidy Payment and Billing Procedures 282.30 Payment of subsidy. 282.31 Su

11、bsidy billing procedures. 282.32 Appeal procedures. AUTHORITY: Secs. 204(b), 603, 606 Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1114(b), 1173, 1176); 49 CFR 1.66. SOURCE: 51 FR 34609, Sept. 30, 1986, unless otherwise noted. Subpart AIntroduction 282.1 Purpose. This part prescribes regula

12、tions im-plementing Title VI of the Merchant Marine Act, 1936, as amended (46 U.S.C. 11711176 and 11781181) governing oper-ating-differential subsidy for liner ves-sels engaged in essential services in the foreign commerce of the United States. VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000

13、Frm 00118 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-109 Maritime Administration, DOT 282.10 282.2 Definitions. When used in this part: (a) Act means the Merchant Marine Act, 1936, as amended (46

14、U.S.C. 1101 1294). (b) Board means the Maritime Sub-sidy Board of the Maritime Adminis-tration (MARAD). (c) Contracting Officer means the As-sociate Administrator for Maritime Aids. (d) Fiscal Period means any annual period beginning on July 1 and ending on June 30. (e) Foreign-flag competition mean

15、s those foreign-flag vessels deemed by the Maritime Administrator to be com-petitive with the subsidized vessel. (f) Maritime Administrator means the Maritime Administrator, Maritime Ad-ministration of the Department of Transportation. (g) Operating day means any day or part of a day during which a

16、subsidized vessel is operated in accordance with the terms and conditions of an oper-ating-differential subsidy agreement. (h) Operating-differential subsidy (ODS) means, except as the operator and the United States Government should agree upon a lesser amount, the excess of cost of subsidizable ite

17、ms 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 in the cost of such items necessitated by features incor-porated for national defense), if such vessel were operated unde

18、r the registry of a foreign country whose vessels are substantial competitors of the vessel. (i) 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. (j) ODS rate means

19、the method adopt-ed by the Maritime Administrator for determining the amount of ODS that is to be paid for an item of subsidizable expense. (k) Operator means any individual, partnership, corporation or association that contracts with the United States Government under Title VI of the Act to receive

20、 ODS. (l) Reduced crew period means a period in port between or during voyages when the subsidized vessels approved crew complement is reduced by 10 per-cent or more and division of wages (wages of an absent seaman are divided among the seamen who provide the ab-sent seamans work) is not paid for th

21、e missing men. (m) Region Director means the Region Director of the Maritime Administra-tion within whose region the principal office of the operator is located. (n) Subsidized service means the oper-ation of a vessel, other than in the coastal or intercoastal trade, in ac-cordance with the terms an

22、d conditions of the ODSA. (o) Subsidized vessel means a vessel covered by an ODSA. (p) 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. (q) Vessel means subsidized vessel, un-less otherwis

23、e specified. 282.3 Waivers. In special circumstances and for good 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, so long as the procedures adopted are consistent with the Act and with t

24、he intent of these regula-tions. Subpart BForeign-Flag Competition 282.10 Basis for determining foreign- flag competition. The foreign-flag competition shall form the basis for determining the cost disadvantage of operating the sub-sidized vessels in the essential service. The Maritime Administrator

25、 shall de-termine the foreign-flag competition from those countries that have carried a significant amount of cargo in the service by using the following proce-dures: (a) The primary source of informa-tion shall be commodity import/export data compiled by the Bureau of the Census. Cargo data shall b

26、e compiled in long tons. Trade publications which show advertised sailings shall be used VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00119 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,

27、-110 46 CFR Ch. II (10111 Edition) 282.11 to verify the liner services offered by foreign-flag operators. (b) The U.S. import/export data shall be compiled by reference to countries actually served by the subsidized oper-ator, using the subsidized operators own competition data for each country to e

28、liminate the flags which are not substantial competitors with the sub-sidized vessels. An example of the weighting procedure follows: EXAMPLE Country A Country B Country C Total I. Determination of U.S.-Flag Weights: U.S. Subsidized Carrier . 300 500 200 1,000 Percent . 30 50 20 100 II. Actual Forei

29、gn-Flag Carryings: Flag 1 . 1,500 500 1,000 3,000 Flag 2 . 4,000 6,000 0 10,000 Flag 3 . 5,000 2,000 5,000 12,000 III. Adjusted Foreign-Flag Carrying (Actual Foreign U.S. wts): Flag 1 . 450 250 200 900 Flag 2 . 1,200 3,000 0 4,200 Flag 3 . 1,500 1,000 1,000 3,500 8,600 IV. Competition Computation: A

30、ctual percent Re-weight (percent) Flag 2 . 4200/8600 49.0 55.0 Flag 3 . 3500/8600 41.0 45.0 90.0 100.0 (c) The principal foreign flags shall be those countries whose cargo car-rying would rank the flag among those carriers that aggregate at least 50 per-cent of the total foreign-flag carryings. (d)

31、The total cargo carryings of each principal foreign flag shall be expressed as a percentage of total cargo carryings of all principal flags on the service. The resultant ratio shall be ap-plied to the costs of that principal flag for determining its portion of the com-posite foreign cost, which shal

32、l be used for establishing the cost disadvantage of U.S. vessels in the service. (e) The determination of the prin-cipal competitors and competition weight factors shall be based upon the import/export data for the twelve months of the penultimate calendar year preceding January 1 of the sub-sidized

33、 year to allow several months to collect foreign cost data. 282.11 Ranking of flags. The operators under each principal foreign flag shall be ranked as pre-dominant, secondary, etc., for the pur-pose of establishing the priority of costs which are representative of the flag. For liner cargo vessels,

34、 the rank-ing of operators shall be based on the long tons of cargo carried. (a) If the predominant operator is an agent, charterer or a joint venture in which the vessels are owned by two or more lines, under the name of such agent, charterer or joint venture, the predominant operator shall be the

35、owner whose vessels carried the most cargo. (b) If cost experience cannot be ob-tained for the foreign-flag operators in the subsidized service, MARAD may use the costs of another service, fol-lowing the same ranking of operators, if possible. Subpart CCalculation of Subsidy Rates 282.20 Amount of s

36、ubsidy payable. (a) Daily Rates. Daily ODS rates shall be used to quantify the amount of ODS payable. The daily ODS rate represents the cost differential between the sub-sidized vessel and its foreign-flag com-petition. A daily rate shall be cal-culated for each subsidized item of ex-pense identifie

37、d in the ODSA, and the total of all items is the daily amount VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00120 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-111 Maritime Administratio

38、n, DOT 282.21 of ODS payable for approved vessel op-erating days, excluding reduced crew periods. (b) Reduced Crew Periods. For reduced crew periods, as defined in 282.3 of this part, a man-day reduction amount, cal-culated separately for officers and unli-censed crew members, shall be used to reduc

39、e the daily wage ODS rate to con-form to the complement remaining on the vessel. The man-day reduction amounts shall be determined by divid-ing the daily wage ODS for officers and unlicensed crew members by the num-ber of subsidizable crew members in each category. For each day of a re-duced crew pe

40、riod, the man-day amount shall be multiplied by the number of crew members missing for that day, and the resulting product shall be deducted from the daily ODS rate. The difference shall be the ODS payable for such day. (See illustration in Schedule D at 282.31 of this part.) (c) Review of Rates. Da

41、ily subsidy rates shall be reviewed every six months. For the item wages of offi-cers and crews, the daily rate shall be calculated for fiscal periods July 1 through June 30, in accordance with provisions of the Act. During the pe-riod January through June, adjust-mentspaid as a lump sum or as a dai

42、ly amountshall be made to wage ODS so that the correct amount of ODS for the full fiscal period is re-ceived by the operator. For other subsidizable items of expense, the daily rate shall be calculated for calendar years. (d) Negative Rates. When an ODS rate in any category is less than zero, indi-c

43、ating that the subsidized operator is at an advantage rather than a dis-advantage in such category, the nega-tive rate shall be deducted from posi-tive rates in determining the daily ODS amount payable. (e) Operator Comments. The operator shall have the opportunity to comment on each subsidy rate as

44、 calculated by the Maritime Administration. The op-erator and contracting officer shall make every effort to resolve disagree-ments that arise. In the event of a dis-agreement that cannot be resolved, comments received from the operator and the contracting officers rec-ommendation shall be presented

45、 to the Maritime Administrator for consider-ation in determining subsidy rates. 282.21 Wages of officers and crew. (a) Definitions. When used in this part. (1) Base period. The first base period under the wage index system, as pro-vided in section 603 of the Act, is the period beginning July 1, 1970

46、 and end-ing June 30, 1971. Thereafter, base pe-riod means any annual period begin-ning July 1 and ending June 30, with respect to which the Maritime Admin-istrator establishes a base period cost. At intervals of not less than two years, nor more than four years, the Maritime Administrator shall est

47、ablish a new base period. Base periods shall be an-nounced by the Maritime Adminis-trator prior to the December 31 date that would be included in the new base period. (2) Base period cost(i) Initial base pe-riod. For the initial base period of sub-sidized service, the term base period cost means the

48、 collective bargaining cost as of January 1 of that base pe-riod. (ii) Subsequent base periods. For base periods subsequent to the initial base period, the term base period cost means the averaged of the collective bar-gaining cost as of January 1 of such fis-cal year, and the base period cost of th

49、e previous base period, indexed to January 1 of the new base period by an index compiled by the Bureau of Labor Statistics. This index shall consist of the average annual change in wages and benefits placed into effect for em-ployees covered by collective bar-gaining agreements, with equal weight to be given to changes affecting em-ployees in the transportation industry (excluding the off-shore maritime in-dustry) and to changes