46 CFR 382.1. Determination of Fair and Reasonable Rates

§ 381.9

46 CFR Ch. II (10–1–24 Edition)

transportation of commodities
chased with such funds.

pur-

[53 FR 24272, June 28, 1988]

§ 381.9

Available U.S.-flag service.

For purposes of shipping bulk agricultural commodities under programs
administered by sponsoring Federal
agencies from U.S. Great Lakes ports
during the 1996–2000 Great Lakes shipping seasons, if direct all-U.S.-flag
service, at fair and reasonable rates, is
not available at U.S. Great Lakes
ports, a joint service involving a foreign-flag vessel(s) carrying cargo no
farther than a Canadian port(s) or
other point(s) on the Gulf of St. Lawrence, with transshipment via a U.S.flag privately-owned commercial vessel
to the ultimate foreign destination,
will be deemed to comply with the requirement of ‘‘available’’ commercial
U.S.-flag service under the Cargo Preference Act of 1954. Shipper agencies
considering bids resulting in the lowest
landed cost of transportation based on
U.S.-flag rates and service shall include within the comparison of U.S.flag rates and service, for shipments
originating in U.S. Great Lakes ports,
through rates (if offered) to a Canadian
port or other point on the Gulf of St.
Lawrence and a U.S.-flag leg for the remainder of the voyage. The ‘‘fair and
reasonable’’ rate for this mixed service
will be determined by considering the
U.S.-flag component under the existing
regulations at 46 CFR part 382 or 383, as
appropriate, and incorporating the cost
for the foreign-flag component into the
U.S.-flag ‘‘fair and reasonable’’ rate in
the same way as the cost of foreignflag vessels used to lighten U.S.-flag
vessels in the recipient country’s territorial waters. Alternatively, the supplier of the commodity may offer the
Cargo FOB Canadian transshipment
point, and MARAD will determine fair
and reasonable rates accordingly.
[61 FR 24897, May 17, 1996]

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.
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

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