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46 U.S.C. § 53403 - U.S. Code - Unannotated Title 46. Shipping § 53403. Award of operating agreements

Current as of January 01, 2024 | Updated by Findlaw Staff

(a)In general.--The Secretary of Transportation shall require, as a condition of including any vessel in the Fleet, that the program participant of the vessel enter into an operating agreement with the Secretary under this section.

(b)Procedure for applications.--

(1)Eligible vessels.--The Secretary of Transportation shall accept an application for an operating agreement for an eligible product tank vessel under the priority under paragraph (2) only from a person that has authority to enter into an operating agreement under this chapter.

(2)Establishment of priority.--The Secretary of Transportation may enter into a new operating agreement with an applicant that meets the requirements of section 53402(c) for a vessel that meets the qualifications of section 53402(b), and shall give priority to applications based on--

(A) vessel capabilities, as established by the Secretary of Defense; then

(B) after consideration of vessel type, according to an applicant's record of owning and operating vessels; then

(C) after consideration of ownership and operation, according to such additional priorities as the Secretary of Transportation may consider appropriate.

(3)Concurrence of award.--The Secretary of Transportation may not approve an application for an operating agreement without the concurrence of the Secretary of Defense.

(c)Limitation.--The Secretary of Transportation may not award operating agreements under this chapter that require payments under section 53406 of this title for more than--.  1

(1) for each of fiscal years 2022 and 2023, 10 vessels; and

(2) for any subsequent fiscal year, 20 vessels.

(d)Judicial review.--No court shall have jurisdiction to review the Secretary's decision with respect to the award or non-award of an operating agreement issued under this chapter.

1 So in original. The period probably should not appear.
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Cite this article: FindLaw.com - 46 U.S.C. § 53403 - U.S. Code - Unannotated Title 46. Shipping § 53403. Award of operating agreements - last updated January 01, 2024 | https://codes.findlaw.com/us/title-46-shipping/46-usc-sect-53403/

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