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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 46 U.S.C. § 53403 Award of operating agreements us united_states_code code_section 46 SHIPPING 534 TANKER SECURITY FLEET 53403 46 U.S.C. § 53403 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip /us/usc/t46/s53403 data/legal/raw/us/code/title-46/usc46.xml 8a49517ba3d35f38b69a24833b14228f61edc2d731d1f6670c4e8d697b3f1b89 eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f 1220dff29c06381ca1480229f6c4ebd555c7b8975cc2fa9cf4df21b3c8b8c396 2026-07-04 official
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46 U.S.C. § 53403 - Award of operating agreements

Text

(a) In General.— The Secretary of Transportation shall require, as a condition of including any vessel in the Fleet, that the program participant of the vessel enter into an operating agreement with the Secretary under this section.

(b) Procedure for Applications.— (1) Eligible vessels.— The Secretary of Transportation shall accept an application for an operating agreement for an eligible product tank vessel under the priority under paragraph (2) only from a person that has authority to enter into an operating agreement under this chapter.

(2) Establishment of priority.— The Secretary of Transportation may enter into a new operating agreement with an applicant that meets the requirements of section 53402(c) for a vessel that meets the qualifications of section 53402(b), and shall give priority to applications based on—

(A) vessel capabilities, as established by the Secretary of Defense; then

(B) after consideration of vessel type, according to an applicants record of owning and operating vessels; then

(C) after consideration of ownership and operation, according to such additional priorities as the Secretary of Transportation may consider appropriate.

(3) Concurrence of award.— The Secretary of Transportation may not approve an application for an operating agreement without the concurrence of the Secretary of Defense.

(c) Limitation.— The Secretary of Transportation may not award operating agreements under this chapter that require payments under section 53406 of this title for more than—.11 So in original. The period probably should not appear.

(1) for each of fiscal years 2022 and 2023, 10 vessels; and

(2) for any subsequent fiscal year, 20 vessels.

(d) Judicial Review.— No court shall have jurisdiction to review the Secretarys decision with respect to the award or non-award of an operating agreement issued under this chapter.

(Added Pub. L. 116283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4412; amended Pub. L. 117263, div. C, title XXXV, § 3501(b)(2), Dec. 23, 2022, 136 Stat. 3064.)

Notes

Editorial Notes

Amendments2022—Subsec. (c). Pub. L. 117263 substituted “The Secretary” for “For any fiscal year, the Secretary” and “more than—” for “more than 10 vessels”, designated existing provisions as introductory provisions, and added pars. (1) and (2).