1、65 Maritime Administration, DOT 251.1 1Copies of forms referred to may be ob-tained on request from the Secretary, Mari-time Subsidy Board, Washington, D.C. provide information at the time of pub-lication of Notice of Application de-scribed in 249.7(b) concerning the ex-istence of any discriminatory
2、 laws or practices in the marine hull insurance market abroad. Upon receipt of such information, MARAD will take what-ever action it deems appropriate. 249.11 Confidentiality. (a) If the data submitted under this rule contain information that the sub-mitter considers to be commercial or financial in
3、formation and privileged or confidential, or otherwise exempt from disclosure under the Freedom of Infor-mation Act (FOIA) (5 U.S.C. 552), the submitter shall assert a claim of ex-emption at the time the data are sub-mitted. The claim shall be made in a letter contained in a sealed enveloped marked
4、Confidential Information, addressed to the Secretary, Maritime Administration. The submitter shall stamp or mark confidential on the top of each page containing informa-tion claimed to be confidential. (b) In claiming an exemption under FOIA, the submitter must state the basis for such action, inclu
5、ding sup-porting information showing: (1) That the information claimed to be con-fidential is a trade secret or commer-cial or financial information in accord-ance with statutory and decisional au-thority; and (2) that measures have been taken by the submitter of the in-formation to ensure that the
6、informa-tion has not been disclosed or other-wise made available to the public, or, if the information has been disclosed or otherwise becomes available to the public, why such disclosure or avail-ability does not compromise the con-fidential nature of the information. (c) In the event of a subseque
7、nt re-quest for any portion of the data under the FOIA, those submissions not so claimed by the submitter will be dis-closed, and those so claimed will be subject to the initial determination by the Secretary, Maritime Administra-tion. (d) If the Secretary makes a deter-mination unfavorable to the s
8、ubmitter, the submitter will be advised that MARAD will not honor the request for confidentiality at the time of any re-quest for production of information under the FOIA by third parties. 249.12 Waivers. The provision of this part may be waived in writing, for special cir-cumstances and good cause
9、shown, pro-vided the procedures adopted are con-sistent with the Act and with the in-tent of these regulations. PART 251APPLICATION FOR SUB-SIDIES AND OTHER DIRECT FI-NANCIAL AID Sec. 251.1 Applications for construction-differen-tial subsidy under Title V, Merchant Ma-rine Act, 1936, as amended. 251
10、.11 Applications under Title VI, Mer-chant Marine Act, 1936, as amended. 251.21 Applications under sections 803, 804, 805 (a) and (d), and 605(b), Merchant Ma-rine Act, 1936. 251.31 Charges for processing applications for authorization to transfer ownership of ships built with construction-differen-
11、tial subsidy. AUTHORITY: Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114. 251.1 Applications for construction- differential subsidy under Title V, Merchant Marine Act, 1936, as amended. (a) Applications under section 501 of the Act for subsidy to aid in the con-struction of new vessels or the re
12、con-struction of existing vessels, to be op-erated in the foreign commerce of the United States, shall be filed on form FMB8 in accordance with the instruc-tions annexed thereto.1(b) Applications for aid in the con-struction of new vessels to be operated in domestic trade shall be filed on Form VA9
13、in accordance with the in-structions annexed thereto.1APPENDIX NO. 1POLICY 1. To the maximum practical extent as deter-mined by the Maritime Subsidy Board appli-cants for construction-differential subsidy (CDS) under Title V of the Merchant Marine Act of 1936, as amended, shall duplicate de-signs of
14、 ships previously approved by the Board for Subsidized Ship Construction. VerDate Mar2010 16:34 Nov 01, 2011 Jkt 223200 PO 00000 Frm 00075 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-66 46 CFR Ch.
15、II (10111 Edition) 251.1 Such duplication contemplates retention of: Hull form; major structure, i.e., shell, trans-verse bulkheads, decks, girder systems; etc.; machinery horsepower and arrangement; and arrangement of deck house. However the Board will permit modifications such as changes to reefer
16、 cargo capacity, deep tank-age, and cargo gear in a manner so as not to disrupt the basic configuration of the ship and without sacrificing gains that can be made from group production. New ship de-signs will be considered from any operator who has already constructed sufficient ships of a given des
17、ign to have optimized the econ-omy of standardized ship construction, when the applicant feels that a new design is nec-essary in exceptional cases and justifies this need to the Board. Where the Board con-cludes contrary to an applicant that a pre-viously developed design can be satisfac-torily ada
18、pted to requirements of the in-tended service at a substantial saving com-pared with building to a new design, invita-tions to bid shall be issued for both the standard design and the custom design of the owners preference. Construction-differential subsidy will be based on whichever design re-quire
19、s the least subsidy. 2. The Board may require such variations from designs of ships previously approved as are necessary to optimize the economic utili-zation of mechanization and labor saving equipment with the potential of reducing op-erating-differential subsidy (ODS). Other nonstandard equipment
20、 or shipbuilding com-ponents shall be eligible for CDS, only if (a) their effect is to decrease the total sum of such CDS and ODS projected over the life of a ship, or (b) when it can be demonstrated with reasonable certainty that the added in-vestment will produce a return to the owner of at least
21、10 percent per annum after taxes over the life of the investment. 3. Value engineering provisions will be in-cluded in all construction-differential sub-sidy contracts and construction contracts. Value engineering items considered manda-tory by the Board prior to or during the de-velopment of the bi
22、dding plans and specifica-tions and during the actual ship construc-tion period shall be incorporated in the plans and specifications or incorporated in the ship. If the mandatory items are not accept-able to the owner the difference in cost, as determined by the Board, between the value engineered
23、and the installed item will be borne by the owner. This paragraph shall not be construed (a) as revising the present ap-peal rights of the shipowner, or (b) as impos-ing upon the shipbuilding contractor any re-quirement for employment of a specific num-ber of value engineering personnel. 4. Subsidy
24、for changes under the construc-tion contract will be allowed only when the net effect of the change will with reasonable certainty (a) comply with the standard in 2 (a) or (b) above, (b) correct a deficiency in design which is clearly essential, or (c) com-ply with a change in the requirement of a r
25、egulatory body which becomes effective after 30 days preceding bid opening. Any changes desired by the owner which do not adversely affect the safe, efficient or eco-nomical operation of the ship will be per-mitted, but without the benefit of subsidy. Subsidy for changes under category 2(b) shall be
26、 based on an estimate as to what the work would have cost if it had been included in the bidding specifications. 5. Post-contract engineering costs incurred by the owner for engineering review and plan approval will be subsidized within a ceiling. The owners expenses for such engineering and plan ap
27、proval shall be limited for sub-sidy purposes to a maximum of 2 percent of the low bid for each of one ship in each con-tract. This limitation shall apply to liner cargo vessels of the break bulk type with no more than twelve passengers, but including special features such as mechanization, con-tain
28、er carrying devices, special cargo han-dling equipment, refrigeration spaces and special deep tanks, etc. This upper limit shall be adjusted downward to take into ac-count features including, but not limited to, standardized design, successive flights of ships in the same yard, or successive flights
29、 of ships in different yards. 6. Construction-differential subsidy on owners engineering expenses for inspection when only one ship is being built shall be limited to an amount equal to 1.3 percent of the bid price. For multiple ship construction the amount subsidizable will be 1.3 percent of the co
30、ntract price per ship plus an additional increment of 0.36 percent for each vessel be-yond the first. For example, the subsidizable amount for inspection on a four ship con-tract would be 1.3 percent plus 1.08 percent (0.363) or 2.38 percent times the cost of the each of four ship bid price. This li
31、mitation shall apply to liner type cargo vessels of the break bulk type with no more than 12 passengers but including spe-cial features such as mechanization, con-tainer carrying devices, special cargo han-dling equipment, refrigeration spaces and special deep tanks, etc. This upper limita-tion shal
32、l be adjusted downward to take into account features including, but not limited to, standardized design, or other vessels for the same owner and in the same shipyard. 7. Interior decorators fees will be limited to a maximum of $10,000 per contract. 8. Construction-differential subsidy will not apply
33、 to owner furnished equipment. All material or equipment to which construc-tion-differential subsidy shall apply must be included in the plans and specifications upon which the competitive ship construction bids are based or included in authorized changes under contract. VerDate Mar2010 16:34 Nov 01
34、, 2011 Jkt 223200 PO 00000 Frm 00076 Fmt 8010 Sfmt 8010 Q:4646V8.TXT ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-67 Maritime Administration, DOT 251.1 9. Notwithstanding any of the foregoing limitations on subsidy the Board will
35、in ex-ceptional cases authorize subsidy or research and development grants for new ship con-cepts or individual ship features whose eco-nomic justification lie in the possibility of future major advances in ship construction or operation and which in the Boards judg-ment may lead to greater efficien
36、cy and economy. APPENDIX NO. 2STATEMENT OF GENERAL POLICY 1. The appropriations available for the pay-ment of construction-differential subsidy by the Maritime Subsidy Board necessarily are limited. Present replacement program sched-ules for individual operators repeatedly have been revised and exte
37、nded in recent years in accordance with the operating-differential subsidy contracts. It is possible that further delay will occur in the replacement of some of the vessels required to be replaced pursu-ant to the existing contractual obligations of those operators under operating-differential subsi
38、dy contracts with the Government. These standards are designed to provide bet-ter guidance for the operators and the Gov-ernment in making the judgments necessary in selecting from among competing applica-tions for limited funds. This policy will apply to requests for and allocations of ap-propriati
39、ons for fiscal year 1967 and there-after. It furthermore applies only to awards of financial assistance in the construction of vessels for liner service. 2. (a) To provide for the optimum develop-ment of the American Merchant Marine in number of vessels and in shipping capability, the Board will all
40、ocate federal financial as-sistance for construction or reconstruction of vessels so as to give priority to those pro-posals which, having met all requirements of Title V, Merchant Marine Act, 1936, will in the Boards opinion utilize such assistance to obtain the greatest shipping capability and pro
41、ductivity possible. In making its deter-minations under this policy, the Maritime Subsidy Board will take into consideration the following factors: (1) Number of vessels proposed for con-struction by the applicant. (2) Cubic and deadweight capacities and speed of the proposed vessels. (3) Proposed c
42、argo handling equipment and techniques for transfer of cargo in and out of vessels and to and from inland points. In this connection, the applicant will be required to set forth the estimated rate of loading and of discharge of cargo, as well as the adapt-ability of the proposed vessel to integrated
43、 systems of transportation embracing both ocean and overland transportation. (4) Estimated domestic cost of construc-tion. (5) Estimated revenues and cost of oper-ation; and with respect to wage cost, the pro-posed manning schedule on the proposed ves-sels. (6) The applicants intention to seek oper-
44、ating subsidy and if so, the duration and amount of such subsidy payments. The Board will weigh the above factors in such a fashion as will measure the produc-tivity of the vessel (i.e., its carrying capac-ity, speed, and rate of cargo handling) against the Governments cost of construc-tion and oper
45、ating aid. The Board will award aid (so far as funds are available) for the con-struction of those vessels otherwise eligible, as will give the greatest productivity for each dollar of Government aid. (b) The Board reserves for determination at a later time standards to be applied in the allocation
46、of federal financial assistance for the construction of vessels to be used in non- liner operations. APPENDIX NO. 3CONSTRUCTION-DIFFEREN-TIAL SUBSIDY FOR MACHINERY AND ELECTRIC PLANT SPARE PARTS 1. The total cost of machinery and electric plant spare parts (whether shore-based or carried aboard ship
47、), which are in addition to those spare parts required by all cognizant regulatory bodies (including ABS, Coast Guard and the FCC), which shall be eligible for CDS, shall not exceed the amount deter-mined by application of the percentages shown in the Table below: 2. TABLE 2COST OF ADDITIONAL SPARE
48、PARTS ELIGIBLE FOR CDS Footnotes at end of table Cost class Type of equipment covered2Cost of spare parts112 . Gallley, pantry, and utility space equipment . 1.0 15 . Ventilation and heating . 2.0 17 . Air-conditioning machinery 3.0 18 . Hull piping (engineering) . 2.0 19 . Cargo oil system . 2.0 20
49、 . Hull piping (domestic) . 2.0 21 . Deck machinery 8.0 22 . Electric generation and distribution . 5.0 23 . Electronics . 5.0 25 . Main engine . 3.0 26 . Shafting and propellers . 6.0 27 . Condensers . 1.0 28 . Boilers . 1.0 29 . Fuel oil service piping . 4.0 30 . Steam piping . 4.0 31 . Feed, condensate, circulating, and drain pip-ing.4.0 32 . Lube oil piping . 4.0 33 . Salt water evaporator system . 7.0 34 . Feed heaters and other heat exchangers 3.0 35 . Pumps . 13.0 36 . Miscellaneous au
