46 CFR 252.3 - Definitions.

Text

---

 

Title 46: Shipping

CHAPTER II: MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

SUBCHAPTER C: REGULATIONS AFFECTING SUBSIDIZED VESSELS AND OPERATORS

PART 252: OPERATING-DIFFERENTIAL SUBSIDY FOR BULK CARGO VESSELS ENGAGED IN WORLDWIDE SERVICES

Subpart A: Introduction

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 Maritime Administrator, Department of Transportation of the Department of Transportation.

(c) Board means the Maritime Subsidy Board of the Maritime Administration.

(d) Bulk cargo vessel means a vessel built to carry solid, liquid or gaseous commodities that in normal shipment are contained only by the vessel's 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. 802).

(f) Contracting Officer means the Associate Administrator for Maritime Aids.

(g) Fiscal year means any annual period 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 operator's total gross receipts from cargoes or fixtures of a vessel or both.

(j) Operating-differential subsidy agreement (ODSA) means the agreement entered into by the operator and the United States government for the payment of operating-differential subsidy.

(k) Operating-differential subsidy (ODS) means, except as the 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 (excluding any increase in the cost of such items necessitated by features incorporated 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 determine to be necessary to make the cost of operating such vessel competitive with the cost of operating similar vessels 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 means any period in port beginning on the day that a vessel's normal crew complement 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 vessel's crew complement is restored to not more than 3 men less than the normal crew complement, or division of wages is paid for the missing men, or the vessel is temporarily or permanently withdrawn from subsidized service, whichever occurs first.

(n) Region Director means the Region Director of the Maritime Administration within whose region the principal office of the operator is located.

(o) Subsidized service means the operation of a vessel other than in the coastal or intercoastal trade in accordance 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 subsidizable 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 unless otherwise specified.

(t) Voyage day means any day or part of a day during which a subsidized vessel 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]

---