46 C.F.R. § 282.2   Definitions.


Title 46 - Shipping


Title 46: Shipping
PART 282—OPERATING-DIFFERENTIAL SUBSIDY FOR LINER VESSELS ENGAGED IN ESSENTIAL SERVICES IN THE FOREIGN COMMERCE OF THE UNITED STATES
Subpart A—Introduction

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§ 282.2   Definitions.

When used in this part:

(a) Act means the Merchant Marine Act, 1936, as amended (46 U.S.C. 1101–1294).

(b) Board means the Maritime Subsidy Board of the Maritime Administration (MARAD).

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

(d) Fiscal Period means any annual period beginning on July 1 and ending on June 30.

(e) Foreign-flag competition means those foreign-flag vessels deemed by the Maritime Administrator to be competitive with the subsidized vessel.

(f) Maritime Administrator means the Maritime Administrator, Maritime Administration of the Department of Transportation.

(g) Operating day means any day or part of a day during which a subsidized vessel is operated in accordance with the terms and conditions of an operating-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 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.

(i) 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.

(j) ODS rate means the method adopted 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 ODS.

(l) Reduced crew period means a period in port between or during voyages when the subsidized vessel's approved crew complement is reduced by 10 percent or more and division of wages (wages of an absent seaman are divided among the seamen who provide the absent seaman's work) is not paid for the missing men.

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

(n) 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.

(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, unless otherwise specified.

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