---
kind: "section"
citation: "46 C.F.R. § 295.2"
title: "46"
number: "295.2"
heading: "Definitions."
url: "https://uscodex.org/cfr/46/295.2"
---

# §295.2. Definitions.


For the purposes of this part:

- (a) Act, means the Merchant Marine Act, 1936, as amended by the Maritime Security Act of 1996 (MSA)(46 App. U.S.C. 1101 et seq.).
- (b) Administrator, means the Maritime Administrator, U.S. Maritime Administration (MARAD), U.S. Department of Transportation, who is authorized to administer the MSA.
- (c) Agreement Vessel, means a vessel covered by a MSP Operating Agreement.
- (d) Applicant, means an applicant for a MSP Operating Agreement.
- (e) Bulk Cargo, means cargo that is loaded and carried in bulk without mark or count.
- (f) Chapter 121, means the vessel documentation provisions of chapter 121 of title 46, United States Code.
- (g) Citizen of the United States, means an individual or a corporation, partnership or association as determined under section 2 of the Shipping Act, 1916, as amended (46 App. U.S.C. 802).
- (h) Contracting Officer, means the Associate Administrator for National Security, MARAD.
- (i) Contractor, means the owner or operator of a vessel that enters into a MSP Operating Agreement for the vessel with MARAD pursuant to [§ 295.20](/cfr/46/295.20.md) of this part.
- (j) DOD, means the U.S. Department of Defense.
- (k) Domestic Trade, means trade between two or more ports and/or points in the United States.
- (l) Eligible Vessel, means a vessel that meets the requirements of [§ 295.10(b)](/cfr/46/295.10.md?p=b) of this part.
- (m) Emergency Preparedness Program Agreement, means the agreement, required by [section 653](/cfr/46/653.md) of the act, between a Contractor and the Secretary of Transportation (acting through MARAD) to make certain commercial transportation resources available during time of war or national emergency.
- (n) Enrollment, means the entry into a MSP Operating Agreement with the MARAD to operate a vessel(s) in the MSP Fleet in accordance with [§ 295.20](/cfr/46/295.20.md) of this part.
- (o) Fiscal Year, means any annual period beginning on October 1 and ending on September 30.
- (p) LASH Vessel, means a lighter aboard ship vessel.
- (q) **Militarily Useful,—** is defined according to DOD Joint Strategic Planning Capabilities Plan (JSCAP) guidance as follows:
  - (1) **U.S. Sources—** All active and inactive ocean-going ships (and certain other specially selected vessels) within the following types and criteria from United States sources with a minimum speed of 12 knots.
  - (2) **Dry Cargo—** All dry cargo ships, including integrated tug/barges (ITBs) with a minimum capacity of 6,000 tons (DWT) capable of carrying, without significant modification, any of the following cargoes: unit equipment, ammunition, or sustaining supplies.
- (r) MSP Fleet, means the fleet of vessels operating under MSP Operating Agreements.
- (s) MSP Operating Agreement, means the MSP Operating Agreement, providing for MSP payments entered into by a Contractor and MARAD.
- (t) MSP Payments, means the payments made for the operation of U.S.-flag vessels in the foreign trade or mixed foreign and domestic trade of the United States allowed under a registry endorsement issued under [46 U.S.C. 12105](/usc/46/12105.md), to maintain intermodal shipping capability and to meet national defense and security requirements in accordance with the terms and conditions of the MSP Operating Agreement.
- (u) Ocean Common Carrier, means a carrier that meets the requirements of the MSA, [section 654(3)](/cfr/46/654.md?p=3).
- (v) ODS, means Operating-Differential Subsidy provided by Subtitle A, Title VI, of the Act.
- (w) Operating Day, means any day during which a vessel is operated in accordance with the terms and conditions of the MSP Operating Agreement.
- (x) **Related party,—** means:
  - (1) a holding company, subsidiary, affiliate, or associate of a contractor who is a party to an operating agreement under Subtitle B, Title VI, of the Act; and
  - (2) an officer, director, agent, or other executive of a contractor or of a person referred to in [paragraph (x)(1)](#x-1) of this section.
- (y) Roll-on/Roll-off Vessel, means a vessel that has ramps allowing cargo to be loaded and discharged by means of wheeled vehicles so that cranes are not required.
- (z) Secretary, means the Secretary of Transportation.
- (aa) United States Documented Vessel, means a vessel documented under Chapter 121 of Title 46, United States Code.

## Notes

### Authority

Authority: 46 App. U.S.C. 1171 et seq.; 46 App. U.S.C. 1114 (b), 49 CFR 1.66.

### Source

Source: 62 FR 37737, July 15, 1997, unless otherwise noted.