---
kind: "section"
citation: "46 C.F.R. § 272.12"
title: "46"
number: "272.12"
heading: "Determining the condition of eligible vessels."
url: "https://uscodex.org/cfr/46/272.12"
---

# §272.12. Determining the condition of eligible vessels.


The Operator of an Eligible Vessel shall make the vessel available whenever MARAD may require, in any of the following instances:

- (a) At the commencement of the first subsidized voyage, except for a newly constructed vessel which enters subsidized service immediately upon delivery by the shipyard, and for which there is a prior condition survey report. If that subsidized service commences outside the continental limits of the United States, the vessel may be surveyed at the first United States port of call;
- (b) At the commencement of the first voyage following the effective date for M&R subsidy established by MARAD, if such M&R rate was not established at the commencement of the vessel's first voyage;
- (c) Upon the discontinuance of a M&R subsidy rate;
- (d) **Upon resumption of subsidized voyages after temporary withdrawal from subsidized operation.** The vessel shall not be considered as having been temporarily withdrawn from subsidized service if it performed unsubsidized voyages in a subsidized service of the Operator;
- (e) Upon withdrawal from subsidized service, either temporarily (subject to the provisions of [paragraph (d)](/cfr/46/272.14.md?p=d) of § 272.14), or permanently;
- (f) During the dry docking period incident to the vessel's American Bureau of Shipping Special Surveys;
- (g) Upon termination of the last voyage under the ODSA, or at the end of the contract period, with respect to subsidized vessels in idle status at that time; or
- (h) **At any other time that MARAD considers to be appropriate.**

## Notes

### Authority

Authority: 46 App. U.S.C. 1114(b), 1173, 1176; 49 CFR 1.66.

### Source

Source: 55 FR 34919, Aug. 27, 1990, unless otherwise noted.