PART 382—DETERMINATION OF FAIR AND REASONABLE RATES FOR THE CARRIAGE OF BULK AND PACKAGED PREFERENCE CARGOES ON U.S.-FLAG COMMERCIAL VESSELS Authority: 46 App. U.S.C. 1114, 1241(b); 49 CFR 1.66. Source: 63 FR 3828, Jan. 27, 1998, unless otherwise noted. § 382.1 Scope. The regulations in this part prescribe the type of information that shall be submitted to the Maritime Administration (MARAD) by operators interested in carrying bulk and packaged preference cargoes, and the method for calculating fair and reasonable rates for the carriage of dry (including packaged) and liquid bulk preference cargoes on U.S.-flag commercial vessels, except vessels engaged in liner trades, which is defined as service provided on an advertised schedule, giving relatively frequent sailings between specific U.S. ports or ranges and designated foreign ports or ranges. § 382.2 Data submission. (a) General. (b) Required vessel information. (1) Vessel name and official number. (2) Vessel DWT (summer) in metric tons. (3) Date built, rebuilt and/or purchased. (4) Normal operating speed. (5) Daily fuel consumption at normal operating speed, in metric tons (U.S. gallons for tugs) and by type of fuel. (6) Daily fuel consumption in port while pumping and standing, in metric tons (U.S. gallons for tugs) and by type of fuel. (7) Total capitalized vessel costs (list and date capitalized improvements separately), and applicable interest rates for indebtedness (where capital leases are involved, the operator shall report the imputed capitalized cost and imputed interest rate). (8) Operating cost information, to be submitted in the format stipulated in 46 CFR 232.1, on Form MA-172, Schedule 310. Operators are encouraged to provide operating cost information for similar vessels that the operator considers substitutable within a category, as defined in § 382.3(a)(1), in the aggregate on a single schedule. Information shall be applicable to the most recently completed calendar year. (9) Number of vessel operating days pertaining to data reported in paragraph (b)(8) of this section for the year ending December 31. For purposes of this part, an operating day means any day on which a vessel or tug/barge unit is in a seaworthy condition, fully manned, and either in operation or standing ready to begin pending operations. (c) Required port and cargo handling information. Period Due date April 1-September 30 January 1. October 1-March 31 July 1. (1) Port expenses. (2) Cargo expense. (3) Extra cargo expenses. (4) Canal expenses. (d) Other requirements. (e) Presumption of confidentiality. (Approved by the Office of Management and Budget under control number 2133-0514) § 382.3 Determination of fair and reasonable rate. Fair and reasonable rates for the carriage of preference cargoes on U.S.-flag commercial vessels shall be determined as follows: (a) Operating cost component General. (2) Fuel. (3) Vessel categories. Group I—under 10,000 DWT Group II—10,000—19,999 DWT Group III—20,000—34,999 DWT Group IV—35,000 DWT and over. (b) Capital Component General. (2) Items included. (i) Depreciation. (ii) Interest. (iii) Return on equity. (3) Return on working capital. (4) New vessel allowance. (5) Voyage component. (c) Port and cargo handling cost component. (d) Brokerage and overhead component. (e) Determination of voyage days. (1) The voyage shall be round-trip with the return in ballast to a port or port range selected by MARAD as the most appropriate, unless the vessel is scrapped or sold after discharge of the preference cargo and does not return to the United States as a U.S.-flag vessel. In this event, only voyage days from the load port to the discharge port, including time allowed to discharge, shall be included. (2) Cargo is loaded and discharged as per cargo tender terms interpreted in accordance with the “International Rules For the Interpretation of Trade Terms” (INCOTERMS) published by the International Chamber of Commerce. (3) Total loading and discharge time includes the addition of a factor to account for delays and days not worked. (4) One extra port day is included at each anticipated bunkering port. (5) An allowance shall be included for canal transits, when appropriate. (6) Transit time shall be based on the average speed of vessels in the category. When calculating the vessels' average speed, individual vessel speeds will be reduced by five percent for self-propelled vessels and ten percent for tugs/barges to account for weather conditions. (f) Determination of cargo carried. (g) Total rate. § 382.4 Waivers. In special circumstances and for good cause shown, the procedures prescribed in this part may be waived in keeping with the circumstances of the present, so long as the procedures adopted are consistent with the Act and with the intent of this part.