46 CFR Part 382

Pt. 382

46 CFR Ch. II (10–1–07 Edition)

PART 382—DETERMINATION OF
FAIR AND REASONABLE RATES
FOR THE CARRIAGE OF BULK
AND PACKAGED PREFERENCE
CARGOES ON U.S.-FLAG COMMERCIAL VESSELS
Sec.
382.1 Scope.
382.2 Data submission.
382.3 Determination of fair and reasonable
rates.
382.4 Waivers.
AUTHORITY: 46 App. U.S.C. 1114, 1241(b); 49
CFR 1.66.
SOURCE: 63 FR 3828, Jan. 27, 1998, unless
otherwise noted.

§ 382.1

Scope.

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The regulations in this part prescribe
the type of information that shall be
submitted to the Maritime Administration (MARAD) by operators interested
in carrying bulk and packaged preference cargoes, and the method for calculating fair and reasonable rates for
the carriage of dry (including packaged) and liquid bulk preference cargoes on U.S.-flag commercial vessels,
except vessels engaged in liner trades,
which is defined as service provided on
an advertised schedule, giving relatively frequent sailings between specific U.S. ports or ranges and designated foreign ports or ranges.
§ 382.2 Data submission.
(a) General. The operators shall submit information, described in paragraphs (b) and (c) of this section, to the
Director, Office of Costs and Rates,
Maritime Administration, Washington,
DC 20590. To the extent a vessel is time
chartered, the operator shall also submit operating expenses for that vessel.
All submissions shall be certified by
the operators. A further review based
on the independent CPA performing an
engagement consistent with professional standards, i.e., an attestation
engagement, is recommended. Submissions are subject to verification, at
MARAD’s discretion, by the Office of
the Inspector General, Department of
Transportation. MARAD’s calculations
of the fair and reasonable rates for
U.S.-flag vessels shall be performed on
the basis of cost data provided by the

U.S.-flag vessel operator, as specified
herein. If a vessel operator fails to submit the required cost data, MARAD
will not construct the guideline rate
for the affected vessel, which may result in such vessel not being approved
by the sponsoring Federal agency.
(b) Required vessel information. The
following information shall be submitted not later than April 30, 1998, for
calendar year 1997 and shall be updated
not later than April 30 for each subsequent calendar year. In instances
where a vessel has not previously participated in the carriage of cargoes described in § 382.1, the information shall
be submitted not later than the same
date as the offer for carriage of such
cargoes is submitted to the sponsoring
Federal agency, and/or its program participant, and/or its agent and/or program’s agent, or freight forwarder.
(1) Vessel name and official number.
(2) Vessel DWT (summer) in metric
tons.
(3) Date built, rebuilt and/or purchased.
(4) Normal operating speed.
(5) Daily fuel consumption at normal
operating speed, in metric tons (U.S.
gallons for tugs) and by type of fuel.
(6) Daily fuel consumption in port
while pumping and standing, in metric
tons (U.S. gallons for tugs) and by type
of fuel.
(7) Total capitalized vessel costs (list
and date capitalized improvements separately), and applicable interest rates
for indebtedness (where capital leases
are involved, the operator shall report
the imputed capitalized cost and imputed interest rate).
(8) Operating cost information, to be
submitted in the format stipulated in
46 CFR 232.1, on Form MA–172, Schedule 310. Operators are encouraged to
provide operating cost information for
similar vessels that the operator considers substitutable within a category,
as defined in § 382.3(a)(1), in the aggregate on a single schedule. Information
shall be applicable to the most recently completed calendar year.
(9) Number of vessel operating days
pertaining to data reported in paragraph (b)(8) of this section for the year
ending December 31. For purposes of
this part, an operating day means any
day on which a vessel or tug/barge unit

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Maritime Administration, DOT

§ 382.3

is in a seaworthy condition, fully
manned, and either in operation or
standing ready to begin pending operations.
(c) Required port and cargo handling
information. The port and cargo handling costs listed in this paragraph
shall be provided semiannually for
each cargo preference voyage terminated during the period. The report
shall identify the vessel, cargo and tonnage, and round-trip voyage itinerary
including dates of arrival and departure at port or ports of loading and discharge. The semiannual periods and
the information to be submitted are as
follows:
Period

Due date

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April 1–September 30 .................................
October 1–March 31 ...................................

January 1.
July 1.

(1) Port expenses. Total expenses or
fees, by port, for pilots, tugs, line handlers, wharfage, port charges, fresh
water, lighthouse dues, quarantine
service, customs charges, shifting expenses, and any other appropriate port
expense.
(2) Cargo expense. Separately list expenses or fees for stevedores, elevators,
equipment, and any other appropriate
expenses.
(3) Extra cargo expenses. Separately
list expenses or fees for vacuvators and/
or cranes, lightering (indicate tons
moved and cost per ton), grain-to-grain
cleaning of holds or tanks, and any
other appropriate expenses.
(4) Canal expenses. Total expenses or
fees for agents, tolls (light or loaded),
tugs, pilots, lock tenders and boats,
and any other appropriate expenses. Indicate waiting time and time of passage.
(d) Other requirements. Unless otherwise provided, operators shall use generally accepted accounting principles
and MARAD’s regulations at 46 CFR
part 232, Uniform Financial Reporting
Requirements, for guidance in submitting cost data. Notwithstanding the
general provisions in 46 CFR 232.2(c) for
MARAD program participants, each operator shall submit cost data in the
format that conforms with the accounting practices reflected in the operator’s trial balance and, if audited
statements are prepared, the audited

financial statements. Data requirements stipulated in paragraph (b) of
this section that are not included
under those reporting instructions
shall be submitted in a similar format.
If the operator has already submitted
to MARAD, for other purposes, any
data required under paragraph (b) of
this section, its submission need not be
duplicated to satisfy the requirements
of this part.
(e) Presumption of confidentiality.
MARAD will initially presume that the
material submitted in accordance with
the requirements of this part is privileged or confidential within the meaning of the Freedom of Information Act
(FOIA), 5 U.S.C. 552(b)(4). In the event
of a subsequent request for any portion
of that data under the FOIA, MARAD
will inform the submitter of such request and allow the submitter the opportunity to comment. The submitter
shall claim or reiterate its claim of
confidentiality at that time by memorandum or letter, stating the basis for
such assertions of exemption from disclosure. The Freedom of Information
Act Officer, or the Chief Counsel of
MARAD, will inform the submitter of
the intention to disclose any information claimed to be confidential, after
the initial FOIA request, or after any
appeal of MARAD’s initial decision, respectively.
(Approved by the Office of Management and
Budget under control number 2133–0514)

§ 382.3 Determination of fair and reasonable rate.
Fair and reasonable rates for the carriage of preference cargoes on U.S.-flag
commercial vessels shall be determined
as follows:
(a) Operating cost component—(1) General. An operating cost component for
each category, based on average operating costs of participating vessels
within a vessel size category, shall be
determined, at least twice yearly, on
the basis of operating cost data for the
calendar year immediately preceding
the current year that has been submitted in accordance with § 382.2. The
operating cost component shall include
all operating cost categories, as specified in 46 CFR 232.5, Form MA–172,
Schedule 310, Operating Expenses. For
purposes of these regulations, charter

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