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(a) When a defense agency requires priority use of port facilities and services not obtainable through established transportation procurement practices, the following procedures shall apply:
(1) Except during periods of Presidentially-declared national defense emergencies, when requests shall be transmitted to the Administrator, the agency shall transmit a request to the Secretary specifying:
(i) The ports at which priority use of port facilities and services are required and the kinds of facilities and services required at each port;
(ii) The approximate scale and duration of the operation for which priority support is required; and
(iii) Justification for priority use of port facilities and services.
(2) The Administrator in coordination with the Secretary shall issue NSPOs to the port authorities concerned, directing that priority be given to the receipt, in transit handling, and outloading of the defense agency's cargo during a specified period and specifying the facilities and services required.
(3) Each port authority in receipt of an NSPO shall:
(i) Make such dispositions of commercial cargoes and ships loading or discharging commercial cargoes as may be necessary to accommodate priority movement of the defense agency's cargoes; and
(ii) Ensure receipt, in transit handling and outloading of the defense agency's cargoes as rapidly as possible.
(b) When a defense agency requires the allocation of port facilities for exclusive use of the agency on a continuing basis, the following procedures shall apply:
(1) The agency shall transmit a request to the Secretary, with a copy to the Administrator specifying:
(i) The ports at which the allocation of facilities is required and the kinds of facilities needed at each port;
(ii) The general terms and conditions under which the agency proposes to acquire the needed facilities and compensate the owners or leaseholders;
(iii) The periods during which the facilities will be required; and
(iv) Justification for allocation of facilities.
(2) The Administrator in coordination with the Secretary shall identify facilities that meet the defense agency's needs, and shall issue to each concerned port authority and NAO directing the allocation of specified facilities for exclusive use of the defense agency during a specified period.
(3) Each port authority in receipt of an NAO shall make the specified facilities available to the defense agency for the specified period under terms and conditions agreed upon with the defense agency.
Cite this article: FindLaw.com - Code of Federal Regulations Title 46. Shipping § 46.340.6 Port facilities and services - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-46-shipping/cfr-sect-46-340-6.html
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