§53403 Award of operating agreements

Summary

The Secretary of Transportation must require that a vessel’s program participant sign an operating agreement before the vessel can be put in the Fleet. The Secretary will only accept applications for eligible product tank vessels from people who are allowed under this chapter to sign such agreements. Applicants and vessels must meet the conditions in sections 53402(b) and 53402(c). The Secretary will give priority first to vessel capabilities set by the Secretary of Defense, then to vessel type and the applicant’s record of owning and operating vessels, and then to any other priorities the Secretary of Transportation decides. The Secretary of Defense must agree before an application can be approved. The Secretary may not approve operating agreements that require payments under section 53406 for more than 10 vessels in fiscal year 2022 and 10 vessels in fiscal year 2023, and not more than 20 vessels in any later fiscal year. Courts may not review the Secretary’s decision to award or deny an operating agreement.