Title 46

SECTION 295.2

295.2 Definitions.

§ 295.2 Definitions.

For the purposes of this part:

(a) Act, means the Merchant Marine Act, 1936, as amended by the Maritime Security Act of 1996 (MSA)(46 App. U.S.C. 1101 et seq.).

(b) Administrator, means the Maritime Administrator, U.S. Maritime Administration (MARAD), U.S. Department of Transportation, who is authorized to administer the MSA.

(d) Applicant, means an applicant for a MSP Operating Agreement.

(e) Bulk Cargo, means cargo that is loaded and carried in bulk without mark or count.

(f) Chapter 121, means the vessel documentation provisions of chapter 121 of title 46, United States Code.

(g) Citizen of the United States, means an individual or a corporation, partnership or association as determined under section 2 of the Shipping Act, 1916, as amended (46 App. U.S.C. 802).

(h) Contracting Officer, means the Associate Administrator for National Security, MARAD.

(i) Contractor, means the owner or operator of a vessel that enters into a MSP Operating Agreement for the vessel with MARAD pursuant to § 295.20 of this part.

(j) DOD, means the U.S. Department of Defense.

(k) Domestic Trade, means trade between two or more ports and/or points in the United States.

(l) Eligible Vessel, means a vessel that meets the requirements of § 295.10(b) of this part.

(m) Emergency Preparedness Program Agreement, means the agreement, required by section 653 of the act, between a Contractor and the Secretary of Transportation (acting through MARAD) to make certain commercial transportation resources available during time of war or national emergency.

(n) Enrollment, means the entry into a MSP Operating Agreement with the MARAD to operate a vessel(s) in the MSP Fleet in accordance with § 295.20 of this part.

(o) Fiscal Year, means any annual period beginning on October 1 and ending on September 30.

(p) LASH Vessel, means a lighter aboard ship vessel.

(q) Militarily Useful, is defined according to DOD Joint Strategic Planning Capabilities Plan (JSCAP) guidance as follows:

(1) U.S. Sources - All active and inactive ocean-going ships (and certain other specially selected vessels) within the following types and criteria from United States sources with a minimum speed of 12 knots.

(2) Dry Cargo - All dry cargo ships, including integrated tug/barges (ITBs) with a minimum capacity of 6,000 tons (DWT) capable of carrying, without significant modification, any of the following cargoes: unit equipment, ammunition, or sustaining supplies.

(r) MSP Fleet, means the fleet of vessels operating under MSP Operating Agreements.

(s) MSP Operating Agreement, means the MSP Operating Agreement, providing for MSP payments entered into by a Contractor and MARAD.

(t) MSP Payments, means the payments made for the operation of U.S.-flag vessels in the foreign trade or mixed foreign and domestic trade of the United States allowed under a registry endorsement issued under 46 U.S.C. 12105, to maintain intermodal shipping capability and to meet national defense and security requirements in accordance with the terms and conditions of the MSP Operating Agreement.

(u) Ocean Common Carrier, means a carrier that meets the requirements of the MSA, section 654(3).

(v) ODS, means Operating-Differential Subsidy provided by Subtitle A, Title VI, of the Act.

(w) Operating Day, means any day during which a vessel is operated in accordance with the terms and conditions of the MSP Operating Agreement.

(x) Related party, means:

(1) a holding company, subsidiary, affiliate, or associate of a contractor who is a party to an operating agreement under Subtitle B, Title VI, of the Act; and

(2) an officer, director, agent, or other executive of a contractor or of a person referred to in paragraph (x)(1) of this section.

(y) Roll-on/Roll-off Vessel, means a vessel that has ramps allowing cargo to be loaded and discharged by means of wheeled vehicles so that cranes are not required.

(z) Secretary, means the Secretary of Transportation.

(aa) United States Documented Vessel, means a vessel documented under Chapter 121 of Title 46, United States Code.