46 CFR 280.2 - Definitions.

§ 280.2 Definitions.
For purposes of this part only:
(a) Commercial cargo means cargo other than military cargo and civilian preference cargo.
(b) Military cargo means that cargo required to be carried on a U.S.-flag vessel by 10 U.S.C. 2631.
(c) Civilian preference cargo means any cargo other than military cargo required by law to be carried on a U.S.-flag vessel, including, but not limited to, cargo required to be carried on a U.S.-flag vessel by 15 U.S.C. 616a and 46 U.S.C. 1241(b).
(d) Conference-rated civilian preference cargo means any civilian preference cargo moving at rates set by an international rate conference.
(e) International rate conference means any formal organization of competing carriers established for the purpose of setting shipping rates.
(f) Open-rated civilian preference cargo means any civilian preference cargo moving at a rate other than a set rate established by an international rate conference.
(g) Open-rated civilian preference cargo carried at the world rate means any open-rated civilian preference cargo that is considered pursuant to § 280.5 not to be carried at a premium rate.
(h) Competitive cargo means commercial cargo, conference-rated civilian preference cargo, and open-rated civilian preference cargo carried at the world rate.
(i) Secretary means the Secretary of the Maritime Administration, Department of Transportation.
(j) Region Director means the Region Director of the Maritime Administration within whose region the principal office of the operator is located.
(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) Board means the Maritime Subsidy Board of the Maritime Administration, Department of Transportation.
(m) Act means the Merchant Marine Act, 1936, as amended.
(n) Operating-differential subsidy (ODS) means, except as the operator and the United States Government shall 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.
(o) Gross freight revenue means total gross receipts earned from the carriage of cargo (other than mail) in the U.S. foreign commerce.
(p) Miscellaneous gross revenue means total gross receipts earned in the U.S. foreign commerce from the carriage of passengers and mail plus miscellaneous voyage revenues.
(q) Inbound gross freight revenue means gross freight revenue earned from the carriage of cargo in foreign commerce inbound to the United States.
(r) Outbound gross freight revenue means gross freight revenue earned from the carriage of cargo in foreign commerce outbound from the United States.
(s) Wayport gross freight revenue means gross freight revenue earned from the carriage of cargo between foreign ports.
(t) Total gross revenue means the sum of inbound gross freight revenue, outbound gross freight revenue, wayport gross freight revenue and miscellaneous gross revenue.
(u) Service means any essential service in the foreign commerce of the United States under section 211(a) of the Act for which an ODS agreement has been entered into by the operator and the United States.
(v) ODS payable on the inbound leg of a service means the inbound gross freight revenue of the service divided by the total gross revenue of the service times the ODS payable for the service.
(w) ODS payable on the outbound leg of a service means the outbound gross freight revenue of the service divided by the total gross revenue of the service times the ODS payable for the service.
(x) 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.

Title 46 published on 2014-10-01

no entries appear in the Federal Register after this date.

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Public Laws

91-469