46 CFR 296.23 - Discretion within priority.
The Secretary -
(b) Shall award MSP Operating Agreements within a priority -
(1) In accordance with operational requirements specified by the SecDef;
(2) In the cases of the Priorities III and IV, according to the applicants' records of owning and operating vessels; and
(3) Subject to the approval of the SecDef.
(c) The Secretary does not have discretion to override the priority requirements with respect to the initial award of MSP Operating Agreements.