§294.15. Initial award of TSP Operating Agreements. — Inbound Citations

(c) If an Applicant applies for a TSP Operating Agreement under the provisions of this section, the Secretary and the Secretary of War will consider:

(1) Whether the vessel is enrolled in its class society's CAP and has maintained a rating equivalent to ABS CAP 2 or better;

(2) The vessel priority factors in paragraph (b) of this section for both the proposed non-compliant vessel and the vessel proposed to replace the non-compliant vessel within the initial 30 months of the TSP Operating Agreement; and

(3) The feasibility of the Applicant's plan to obtain and operate the compliant replacement vessel within the initial 30 months of the TSP Operating Agreement.

(a) The Secretary may enter into up to ten TSP Operating Agreements for vessels that were either selected in accordance with § 294.15 or which, on the effective date of a TSP Operating Agreement, were operating under an MSP Operating Agreement in accordance with 46 U.S.C. ch. 531 and 46 CFR part 296, for fiscal year 2022 and any prior fiscal year. The Secretary may enter into as many additional agreements as is authorized under 46 U.S.C. 53403(c) under the same terms as the initial ten agreements.

(2) The vessel priority factors in paragraph (b) of this section for both the proposed non-compliant vessel and the vessel proposed to replace the non-compliant vessel within the initial 30 months of the TSP Operating Agreement; and

(b) The Secretary and the Secretary of War will consider all applications within the priority structure of § 294.15(b).

(b) In consideration of the applications, the Secretary and the Secretary of War will consider each Applicant's vessel(s)'s qualifications as they relate to subpart B of this part and will give priority to applications based on the criteria in paragraphs (b)(1) through (4) of this section, in order of priority:

(1) Vessel capabilities, as established by the Secretary of War;

(2) Applicant's record of vessel ownership and operation of tanker vessels;

(3) Applicant's citizenship, with preference for section 50501 citizens; and

(b) In consideration of the applications, the Secretary and the Secretary of War will consider each Applicant's vessel(s)'s qualifications as they relate to subpart B of this part and will give priority to applications based on the criteria in paragraphs (b)(1) through (4) of this section, in order of priority:

(1) Vessel capabilities, as established by the Secretary of War;

(2) Applicant's record of vessel ownership and operation of tanker vessels;

(3) Applicant's citizenship, with preference for section 50501 citizens; and

(b) In consideration of the applications, the Secretary and the Secretary of War will consider each Applicant's vessel(s)'s qualifications as they relate to subpart B of this part and will give priority to applications based on the criteria in paragraphs (b)(1) through (4) of this section, in order of priority:

(1) Vessel capabilities, as established by the Secretary of War;

(2) Applicant's record of vessel ownership and operation of tanker vessels;

(3) Applicant's citizenship, with preference for section 50501 citizens; and

(b) In consideration of the applications, the Secretary and the Secretary of War will consider each Applicant's vessel(s)'s qualifications as they relate to subpart B of this part and will give priority to applications based on the criteria in paragraphs (b)(1) through (4) of this section, in order of priority:

(1) Vessel capabilities, as established by the Secretary of War;

(2) Applicant's record of vessel ownership and operation of tanker vessels;

(3) Applicant's citizenship, with preference for section 50501 citizens; and